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Judgment
R. D. Khare, Chairperson
Heard the learned counsel for the applicant.
The present application has been filed under section 17A(2) of the RDB Act for transferring the S.A. No. 889/2023 pending before the Debts Recovery Tribunal, Allahabad to any other DRT.
Learned counsel for the appellant submits that argument raised on behalf of the applicant before the Tribunal below that the description of the property has been changed, as it is not in consonance of the letter of agreement and notice under section 13(4) of the SARFAESI Act has not been considered, whereas the notice under section 13(4) of the said Act itself is not maintainable in law and all the proceedings thereafter are also illegal. It is further argued that the property, which is sought to be auctioned, is not even mortgaged with the respondent-bank, but the same has also not been considered by the Tribunal below. The S.A. no. 889/2023 is still pending consideration and there is possibility that any adverse order may be passed, which may affect the right of the appellant, therefore, the it is prayed that the proceeding of the S.A. No. 889/2023 may be transferred from the Debts Recovery Tribunal, Allahabad to any other DRT under jurisdiction of this Appellate Tribunal.
In view of the above, the present application stands disposed off with direction upon the Presiding Officer, DRT, Lucknow to consider and decide the S.A. No. 889/2023, which is stated to be pending, in accordance with law most expeditiously, preferably within three months from the date of production of certified copy of this order. It is expected that the respondent-Bank, who has not filed reply before the Tribunal below, shall file the same shortly. The learned counsel for the appellant is at liberty to file interim application within a week before the Tribunal below. If the same is filed within the stipulated period, the Tribunal below shall consider and decide the same most expeditiously, preferably on the next date fixed before it preferably within a week thereafter.
Till the expiry of two weeks or disposal of the interim application as directed above, whichever is earlier, status quo with regard to the property in question as it exists today shall be maintained by all the parties concerned.