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Judgment
Anil Kumar Srivastava Chairperson
Heard the learned counsel for both the parties.
This is an application moved under section 17(5) and 17(6) of the SAFAESI Act, 2002
Learned counsel for the Applicant submits that as per the provision contained in under section 17(5) & 17(6) of SARFAESI Act, learned DRT-1, Kolkata should have decided the application within four months which was not done in time. Accordingly, direction may be issued for expeditious disposal of the matter.
Learned counsel for Respondents submits that the respondents are themselves responsible for the delay as the respondents were seeking time before the DRT-1, Kolkata to file opposition as would be evident from the orders dated 19/2/2021, 8/4/2021, 3/11/2021, 17/2/2022, 23/2/2022 and 25/2/2022.
It is further submitted that still some other applications are pending before the learned DRT-1, Kolkata for disposal. Learned counsel for the Applicant, Shri Sailesh Mishra, states that they do not want to file any opposition except what has already been filed before the learned DRT, Kolkata in respect of pending matters.
This is a matter pending before DRT-1, Kolkata, where no Presiding Officer has taken over the charge as yet.
However, keeping in view, the provision laid down under section 17(5) and 17(6) in the interests of justice, learned DRT-3, Kolkata is directed to decide the matter expeditiously. Let a copy of the order be sent to the DRT-1, Kolkata.
Accordingly the Miscellaneous Application No. 01 of 2022 is disposed of.
Copy of the order be sent to DRT concerned and be also uploaded in the website of this Tribunal.
File be consigned to Record Room