TAB INDIA Vs. INDIAN BANK
LAWS(DR)-2003-12-3
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on December 16,2003

Appellant
VERSUS
Respondents

JUDGEMENT

K.S.Kumaran, - (1.)HEARD Counsel. This is an application for transfer of records of O.A. 372/98 decided by the DRT, Delhi on 25.1.2001, but presently with DRT-II, Delhi to DRT-III, Delhi. According to the learned Counsel for the applicants, two applications, namely, M.A. 65/2002 and M. A. 76/2002, have been filed for setting aside the ex parte final order, and the original records are necessary. She points out that now the jurisdiction over the subject-matter of these applications has been transferred from DRT-II, Delhi to DRT-III, Delhi, and hence this application for transfer of the records.
(2.)This Tribunal has, by Circular dated 4.6.2003, given the following directions to the Debts Recovery Tribunals:
"(i) Prepare Recovery Certificate in terms of the final order, unless there is any stay by a Court against such preparation; and

(ii) Send records in disposed of cases to the concerned Debts Recovery Tribunal if the jurisdiction with reference to the subject-matter of the O.A. has been subsequently changed, if there is no case (OA/MISC/RC) is pending.

(iii) Where the case has been disposed of and the records are lying with one DRT, and due to the change of jurisdiction the records are needed in another DRT, the DRT which presently has jurisdiction can itself send for the records from the DRT with whom the records are lying if no case (OA/MISC/RC) is pending."

In view this Circular, it is open to the Presiding Officer of the DRT-III, Delhi herself/ himself to summon the records from DRT-II, Delhi, and no order under Section 17A is necessary and, therefore, this application is disposed of with the direction to DRT-III, Delhi to send for the records from DRT-II, Delhi as directed in the Circular dated 4.6.2003, which have already been circulated to the DRTs.

(3.)COPY of this order be given to the applicant, and be also sent to the concerned DRTs II and III.


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