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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed by the appellant for seeking urgent relief.
This is an application filed by the Certificate Holder creditor for getting the Recovery Proceedings pending before the Recovery Officer-II, Debts Recovery Tribunal-II, Mumbai (D.R.T.) to any other recovery officer in view of the apparently prejudicial and biased attitude taken by the recovery officer. There are several instances where which has been brought to the fore before this Tribunal indicating that certain orders have been passed by the present Ld. Recovery Officer-II openly commenting on the Advocates appearing for the parties, and the successful auction purchaser also had come up with certain allegations about the recovery officer not abiding by the orders of this D.R.T. and this Tribunal in time and causing delay which of course would cause certain prejudice in the matter and therefore, the applicant requests that the matter be transferred to be to some recovery officer.
Taking the entire facts and circumstances into consideration, this Tribunal directs that TRP No. 02/2023 be transferred to the Recovery Officer-I, D.R.T.-II, Mumbai.
The prayer B is something which is to be agitated in the appeal before the Ld. Presiding Officer and if any such appeal is filed before the presiding officer that shall be appropriately dealt with.