AI Structured Summary
Not yet generated for this judgment
Judgment
THE APPELLATE TRIBUNAL:
Heard the Learned Counsel for the parties and perused the record.
Instant appeal is filed for transfer of S.A. 1016 of 2024 pending before the Learned DRT-III, Kolkata. Learned Counsel for Appellant would submit that no Presiding Officer is posted in DRT-III, Kolkata since long time and no effective hearing could be made in the matter although the Appellant was dispossessed from his property by the Bank on 19.11.2024. It is further submitted that since no effective hearing could be made in the matter and it is listed for final hearing, it may be transferred to any other DRT at Kolkata.
I have gone through the records. At the very outset, it is to be observed that admittedly, no Presiding Officer is posted in DRT-III since January, 2026. However, at the same time, the Link Officer of DRT-III, Kolkata is DRT-II, Kolkata. We can take judicial notice of the fact that the Presiding Officer, DRT-II, Kolkata is taking up and hearing about 30 to 40 'Put-up' matters every day which includes the matters of DRT-II and DRT-III. Apart from those matters regular cause list of DRT-II is also taken up if time so permits.
As far as DRT-I is concerned, it is also heavily loaded wherein large number of matters are already pending. Hence in such circumstances, instant matter could be transferred to either of the DRTs at Kolkata.
With the consent of the Learned Counsel for Applicant, we find it appropriate that this matter may be transferred to DRT, Siliguri for final hearing. Learned Counsel for Respondent Bank is also heard on the issue.
On the basis of the discussion made above, Transfer Petition Diary No. 780 of 2026 is allowed.
S.A. 1016 of 2024 pending before the Learned DRT-III, Kolkata is recalled and transferred to DRT, Siliguri for hearing in accordance with law. Needless to observe that Learned DRT, Siliguri shall decide the S.A. after giving opportunity of hearing to both the parties.
File be consigned to Record room.
Copy of the Judgment/Final Order be uploaded in the Tribunal's Website.
Order pronounced in open Court.