Shankar Nath Jha & Anr vs Bank of Baroda

Brijesh Sethi, Chairperson

This matter has been taken up by me through Video Conferencing.

Misc. Application No.128/2023

This application has been filed by the applicants seeking transfer of the S.A. no. 127/2023 titled as `Shankar Nath Jha & Anr vs. Bank of Baroda' from Ld. DRT-II, Delhi to Ld. DRT-I, Delhi and, in the alternative, seeking direction to the Ld. DRT-II to hear the matter expeditiously.

The Ld. Counsel for applicants states that the Receiver appointed by the Ld. District Magistrate, Faridabad has issued notice for taking possession of the property in question, i.e. 24.03.2023. Ld. counsel for the applicants submits that aggrieved by the action of the bank, the applicants have filed an S.A. before the learned DRT-II, Delhi in respect of the property in question. Ld. Counsel for the applicants 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-III, Delhi, his matter is not being taken up for hearing. Ld. Counsel for applicants further states that the next date of hearing before the Ld. DRT is 19.05.2023.  In these circumstances, the Ld. Counsel prays  that  the Ld. Presiding  Officer,  DRT-III,  Delhi,  who  is  holding  additional  charge  of  DRT-11, Delhi, may be directed to take up the S.A. in question and decide the same at the earliest.

Heard.  Ld.  Presiding Officers are attending National Seminar at National Judicial Academy, Bhopal on 21st and 22 March., 2023. Since, the Receiver is going to take physical possession of the property in question on 24.03.2023, the learned  Presiding  Officer,  DRT-III,  Delhi,  who  is  holding  additional  charge  of learned DRT-II, 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,