M/s. UCO Bank vs M/s. A.K.Jajee & Ors.

This Petition is filed for transfer of SA 196/2013 from DRT-III, Chennai to DRT-II, Bengaluru.

It is the submission of the Learned Counsel for the Petitioner that SA 196/2013 was originally filed before DRT, Bengaluru. Since one of the parties was known to the then Presiding Officer, DRT, Bengaluru, as requested by the Learned Presiding Officer, Learned Chairperson, DRAT, Chennai, ordered to transfer the said SA from Bengaluru to Chennai. After transfer, the SA was finally disposed on 13.11.2018 by allowing the SA. Aggrieved against the order, the Bank and the Auction Purchaser filed Appeals in RA (SA) 185/2019 and RA (SA) 46/2021, the Learned Chairperson passed an order on 31.11.2023 allowing both the Appeals and remitted back to the Learned Presiding Officer, DRT-III, Chennai for disposal in accordance with law after giving opportunity to all the parties. She further submitted that two matters are pending before the Hon’ble High Court of Karnataka between the same parties and mediation is also going on, and thus, it is very difficult for the parties and the counsel to come and conduct the case here and thus, she seeks transfer of the SA.

Learned Counsel for the first Respondent opposes this transfer Petition and submitted that there is no proceedings pending either before the Hon’ble High Court of Karnataka or other forums in connection with the properties concerned in this dispute. SA was filed in connection with other properties and after the SA was allowed, Appeal proceeding was initiated and that matter is pending before the Hon’ble Supreme Court of India. The first Respondent’s son filed civil suit before the Civil Court and that matter is also pending before the Hon’ble Supreme Court of India. The Appeals have been remanded for limited purpose and it is not required to send back to DRT-II, Bengaluru.

Though the Learned Counsel for R2 to R5, R7, R9 to 12 appeared on 27.11.2025, none appeared today.

Considered the rival submissions and perused the records.

It can be gathered from the submissions of the Learned Counsel appearing the parties, there is no matter pending before DRT-II, Bengaluru. The transfer is sought only on the ground that the DRT-II, Bengaluru has no jurisdiction and DRT-III, Chennai exercise jurisdiction only on account of transfer from DRT-II, Bengaluru, for the reason that the then Presiding Officer was one of the parties. It is informed now by Learned Counsel for first Respondent that the proceedings in SA 196/2013, is almost over, and the matter reached the stage of arguments. When the matter is reached to the stage of arguments, it is not appropriate to transfer the matter to DRT-II, Bengaluru. The reason is that Learned Presiding Officer, DRT-III, Chennai partly heard the arguments also. Therefore, this Tribunal finds no merits in the Transfer Petition.

In this view of the matter, the Transfer Petition in TP No. 12/2025 is dismissed. Learned Presiding Officer, DRT-III, Chennai is directed to dispose of the matter, on merits and in accordance with law, as expeditiously as possible. No order as to costs. All pending IAs, if any, stand closed.