LAKSHMAN PRASAD AGARWAL vs KARUR VYSYA BANK on 2 March 2021

O R D E R

This is a miscellaneous application filed by the applicant under Section 17(6) of the SARFAESI Act read with Section 17A of the RDB Act, 1993 praying for an expeditious disposal of the case and for transfer of S.A No.82 of 2020 to DRT-2, Kolkata, The facts of the case, in brief, may be stated as follows: - The petitioner in this case being the applicant in the S.A. No.82 of 2020 filed on 10.02.2020 under the SARFAESI Act before DRT-1, Kolkata and the same is pending. The petitioner being in the business of Dates and Spices availed financial assistance from the Respondent No.1 Bank and due to certain reasons set out clearly in the S.A failed to repay the loan and therefore the Respondent Bank initiated proceedings under the provisions of the SARFAESI Act and the petitioner was forced to file the SA before the DRT-1, Kolkata. While so, the Learned Presiding Officer, DRT-1, Kolkata had retired in the month of December, 2020 and the post is lying vacant now. The Learned Presiding officer DRT-3, Kolkata has now been placed in charge of DRT-1, Kolkata. It is seen that the learned Presiding Officer, DRT-3, who is in charge of DRT-1 is taking up urgent matters of DRT-1 along with some regular matters of DRT-1 also. The petitioner has stated that in view of absence of a regular Presiding Officer for DRT-1, Kolkata the hearing of the S.A filed by him may be delayed and to avoid the same he has prayed for a direction to be issued for an expeditious disposal of the S.A as per Section 17(6) of the SARFAESI Act along with a prayer for transfer of the case to DRT-2 Kolkata.

The petitioner has also stated that the pendency of the cases in DRT-1, Kolkata is very high and if the case is transferred from DRT-1 to DRT-2 Kolkata, his case may be disposed of early.

The petitioner has further stated that the Presiding Officer, DRT-3, Kolkata is having a heavy load of cases in his own Tribunal and in addition to that he has to look after the cases of DRT-1 also and therefore, is heavily burdened. The petitioner has prayed for a transfer of the S.A from DRT-1 to DRT-2, Kolkata with directions to be issued for an early disposal of the S.A.

The petitioner has set out his case in detail in the petition filed by him and the same forms part of the record. The 1st Respondent, which is the creditor bank and the 2nd Respondent, who is the Authorized Officer of the 1st Respondent Bank have chosen not to file any reply or objections to the Application i.e., this MA but they have filed a separate and a distinct I.A for dismissing the M.A after the matter was heard and reserved for orders.

It is seen that DRT-1 has a huge pendency of cases and the learned P.O, who has been placed in charge of the said Tribunal i.e. DRT-1 Kolkata, is the P.O of DRT-3

Kolkata which by itself is laden with a huge number of cases and from this it can be easily said that the learned PO of DRT-3 is under a heavy burden of work and that being the case, it may not be possible for the learned PO, DRT-3 Kolkata, presently in charge of DRT-1 Kolkata to abide by any time frame that may be set by this Tribunal in view of the heavy load of work.

It is seen that the P.O, DRT-2 Kolkata is not having any in charge work of any other DRT and therefore, he would be able to dispose of the SA expeditiously, if he is directed to do so and therefore, in order to achieve an expeditious disposal of the S.A it would be just and proper to transfer SA 82 of 2020 from DRT-1 Kolkata to DRT-2 Kolkata and issue directions to the said Tribunal to dispose of the matter in accordance with Section 17(6) of the SARFAESI Act. Further, it can also be seen that no prejudice whatsoever can be caused to the creditor bank if the S.A is transferred to DRT-1 as the matter would be disposed of early. It is also seen that both the DRT-1 and DRT-2 Kolkata are all situated in the same building and therefore, no difficulty would be experienced either by the petitioner or by the secured creditor in pursuing their cases.

Therefore, from the fact that it would not be proper to overburden the learned P.O. DRT-3 Kolkata who is presently in charge of DRT-1 Kolkata; from the fact that no prejudice would be caused to the creditor bank if the S.A is transferred from DRT-1 to DRT-2 Kolkata which is in the same building; from the fact that the S.A can be disposed of expeditiously by the P.O DRT-2 as he is not in charge of any other Tribunal; from the fact that it would make no difference to the secured creditor if the SA is transferred from DRT-1 to DRT-2 as the Learned Presiding Officer DRT-2 is equally competent; from the fact that section 17A of the RDB Act empowers this Tribunal to pass orders for transfer of a case from one DRT to another DRT within its jurisdiction; from the fact that the SARFAESI Act enables this Tribunal to pass orders for an expeditious disposal in terms what is contained in Section 17(6) of the SARFAESI Act, the following order is passed:-

“S.A No. 82 of 2020 is transferred from the file of DRT-1, Kolkata to the file of DRT-2, Kolkata and the learned Presiding Officer, DRT-2 is directed to take up the said SA 82 of 2020 and dispose of the same in accordance with law within a period of 60 days from today i.e., on or before 30.4.2021.

I.A No. 89 of 2021 filed by the bank warrants only a closure as no orders are necessary in view of the orders passed in this MA being M.A DY No.93 of 2021 and accordingly the said IA is closed.

This M.A is disposed of accordingly.

(Dictated to the Stenographer, transcribed by him, corrected, signed and pronounced by me on this The 2nd day of March 2021).

Sd/= (Dr. T. Ravi Shankar) Chairperson