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Judgment
Heard Mr. Jishnu Chowdhury, learned senior counsel for the appellant as well as Mr. Nimish Mishra, Id. Counsel for respondent no.1 to 3; Mr. Souritra Ganguly, Id. Counsel for respondent no.4 and Mr. Siddartha Banerjee, Id. Counsel for respondent no.5 and perused the records.
Instant application is filed for recalling the order dated 06.03.2025 passed by this Tribunal in Transfer Petition No.01 of 2025 whereby S.A. No. 317 of 2024 pending at the file of DRT-I, Kolkata was recalled and transferred to DRT-II Kolkata for disposal with further direction to the parties to appear before the learned DRT-II Kolkata at 2-30 PM on the same day for hearing.
Learned senior counsel for appellant would submit that no effective hearing is being undertaken in the DRT-II Kolkata as Presiding Officer of DRT-II is also burdened with the additional charge of DRT-III Kolkata. It is further submitted that grounds of transfer in the Transfer Petition No. 01 of 2025 were not genuine and fraud was played upon the Appellate Tribunal. In support of the contentions raised by the learned counsel, attention is drawn towards the order of the Hon'ble Calcutta High Court in MAT 737 of 2026 CAN 1 of 2026 (Santosh Kumar Pandey Vs. Bluesky Property Ventures LLP & Ors.) dated 28.04.2026 wherein Hon'ble High Court has issued direction for expeditious disposal of the S.A. pending before DRT. It is submitted that despite this order learned DRT is not hearing the matter expeditiously. Order dated 10.06.2026 was passed on an amendment petition after one year of filing of petition. It is further submitted that since Presiding Officer, DRT-I Kolkata is now hearing the matter, instant matter may be re-transfer to the file of DRT-I Kolkata for hearing.
Learned counsel for respondent no.5 supported the submission made by the learned senior counsel for the appellant. However, learned counsel for respondent no.1 to 3 opposes the prayer and submits that no ground for recall is made out. Learned DRT-II Kolkata is hearing the matter effectively and effective orders are being passed.
Transfer application No.01 of 2025 was filed by the respondent herein which was disposed of 06.03.2025 after hearing the learned counsel for appellant in the transfer application and the respondent including the auction purchaser and secured creditor. Order was passed in their presence. Order was not challenged and attained finality. Thereafter, parties to the lis also participated in hearing before learned DRT-II, Kolkata in the pending S.A. Meaning thereby that they accepted the order of transfer. Now the prayer for recall is being made on the ground that no effective hearing is being made by the learned DRT-II Kolkata despite orders of the Hon'ble High Court for expeditious hearing.
Certain orders are annexed with the misc. application wherein it appears that learned DRT is continuously taking up the matter for hearing on different dates. Arguments were heard till 29.01.2026. Thereafter also on different dates arguments were heard. The amendment petition was heard and a detailed order was passed on 10.06.2026 fixing the matter for carrying out amendment before the Registrar on 30.06.2026. Matter was again listed before DRT on 06.07.2026. No further order-sheet is on record. The order-sheets annexed with the application reflects that learned Presiding Officer is making all efforts to hear the matter effectively. Accordingly, we cannot accept the submissions that learned Presiding Officer is not passing effective orders in the pending S.A.
As far as issue of fraud played by the respondent herein in the order passed by this Tribunal on 06.03.2025 is concerned, the order was passed in presence of the parties' counsel, but the order was not challenged on the ground that fraud was played. Further after more than a year of passing the order, present recall application is filed.
Having considered the submission made by the parties and discussion made above, I do not find any ground to recall the order dated 06.03.2025. Accordingly, miscellaneous application is devoid of merit and is liable to be dismissed.
ORDER
Misc. Application Dy. No.735 of 2026 is dismissed at the admission stage. However, learned DRT-II Kolkata is expected to comply the orders of the Hon'ble Calcutta High Court for expeditious hearing of the S.A.
File be consigned to record room
Copy of the judgement/Final Order be uploaded in the Tribunal's website.