Tribunals and CommissionsSingle Bench(2023) 01 DRAT CK 0008

Canara Bank vs Hero Wiretex Limited & Ors

Debts Recovery Appellate Tribunal · Decided on 9 January 2023

HON’BLE JUDGES
Anil Kumar Srivastava, Chairperson
RESULT
Dismissed
CASE NUMBER
Transfer Petition No. 07 Of 2022

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 214 words

Anil Kumar Srivastava, Chairperson

THE APPELLATE TRIBUNAL :

For Admission

Heard the Learned Counsel for the Appellant and perused the record. Transfer is being sought on the ground that when the O.A. was filed at Hyderabad at that time loan was granted by the Hyderabad Branch. Thereafter, it has been transferred to Visakhapatnam. It is submitted that the parties are residing at Visakhapatnam and the secured asset is also lying in the State of Andhra Pradesh.

As far as transfer is concerned, it is not the prerogative of the Bank. Even at the time of filing of the O.A. if the facts stand as it stands today, O.A. should have been filed at Visakhapatnam. But the Bank did not choose to file the same at Visakhapatnam. Rather, they filed it at Hyderabad. An absolute liberty cannot be granted to the Bank to choose the jurisdiction as per his own choice after filing of the O.A.

Having considered the submission, I do not find any ground to transfer the Application. Accordingly, Transfer petition being No. 07 of 2022 is dismissed.

Copy of the order be supplied to Appellant and Respondents and the copy be also forwarded to the concerned DRT. File be consigned to Record Room.

Order dictated, signed, dated and pronounced in open Court.