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Judgment
Brijesh Sethi, Chairperson
This matter has been taken up by me through Video Conferencing.
Misc. Application No.131/2023
This application has been filed by the applicant seeking direction to the Ld. DRT-II, Delhi to take up the TSA No. 644/2022 titled as `Nitin Soni and Ors. V. Cholamandalam Investment and Finance Company Ltd.' and decide the same at the earliest or in the alternative transfer the TSA from Ld. DRT-II, Delhi to Ld. DRT-I, Delhi.
The Ld. Counsel for applicant states that applicant received a e-auction notice dated 02.03.2023 (pasted on the property in question on 04.03.2023) wherein the auction is scheduled for 23.03.2023. The Ld. Counsel for applicant further states that applicant has filed S.A. with DRT-I, Delhi which was subsequently transferred to Ld. DRT-II, Delhi as TSA No. 644/2022.
The Ld. Counsel for applicant states that I.A. No. 494/2023 has been filed by the applicant against the E-auction in respect of the property in question scheduled for 23.03.2023 by the respondent Fl. Ld. Counsel for the applicant further submits that since the learned DRT-II, Delhi has no regular Presiding Officer and its additional charge has been given to the Ld. Presiding Officer, DRT-Ill, Delhi, his application is not being taken up by the Ld. Presiding Officerr, DRT-III, Delhi in view of the order dated 17.11.2022 passed by Hon'ble High Court of Judicature at Bombay bench at Aurangabad. In these circumstances, the Ld. Counsel prays that the Ld. Presiding Officer, DRT-III, Delhi, who is holding additional charge of DRT-II, Delhi, may be directed to take up the TSA No. 644/2022 and decide the same at the earliest.
Heard. Ld. Presiding Officers are attending National Seminar at National Judicial Academy, Bhopal on 21st and 22nd March., 2023. Since, the respondent Fl is going to E-auction the property in question scheduled for 23.03.2023, the
learned Presiding Officer, DRT-III, Delhi, who is holding additional charge of learned DRT-11, Delhi, is requested to take up the matter on 23.03.2023 at 10:00 a.m. and pass appropriate order in accordance with law.
With the above direction, the application stands disposed of. File be consigned to record room.
Copy of the order be sent to the learned DRT.