Mrs. R. Bhuvaneshwari vs M/s. Canara Bank & Anr.

This transfer petition is filed on the basis of the order passed by the learned Presiding Officer, DRT, Coimbatore on 27.01.2026 in SA 145/2023.

In the second para of the order, the learned Presiding Officer, DRT, Coimbatore recorded that “ A cursory reading of the SA reminds him on the consultation taken by the party to the lis while practicing as a Lawyer in Chennai and therefore, judicial propriety demands the SA to be decided by any other Tribunal except him.” Thus he directed the petitioner before the Tribunal to file necessary transfer application before the DRAT and have the matter to be transferred to any other Tribunal.

This Tribunal enquired the learned counsel appearing for the transfer petitioner and the respondent M/s Canara Bank and also the auction purchaser Mr. V. Arun that whether they have any reservation in trying this case by the learned Presiding Officer, DRT, Coimbatore. They said that they have no issue with the learned Presiding Officer, DRT, Coimbatore in deciding the matter. The observation made in the second paragraph of the order dated 27.01.2026 refers only the consultation taken by one of the party in lis, while the learned Presiding Officer was practicing as an Advocate. This may not be a sound reason for transferring the case to other Tribunal, especially, the learned counsel appearing for the parties expressed no concern with the learned Presiding Officer, DRT, Coimbatore in deciding the matter. Therefore, this Tribunal is of the view that this matter is not required to be transferred from DRT, Coimbatore to any other Tribunal. Learned Presiding Officer, DRT, Coimbatore, shall decide the matter on merits and in accordance with law as expeditiously as possible. This transfer petition is disposed accordingly. Parties shall bear their own costs. Pending IAs, if any, shall stand closed.