R BHASKAR Vs. PUNJAB AND SIND BANK
LAWS(DR)-2004-8-3
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on August 19,2004

Appellant
VERSUS
Respondents

JUDGEMENT

Miscellaneous Application 423/2003 - (1.) THIS is an application for the transfer of T.A. 421/2002 (hereinafter referred to as 'the Case') third as Punjab and Sind Bank v. Bhartiya Vyapar and Udyog and Ors. pending before the Debts Recovery Tribunal-III, Delhi to any other Debts Recovery Tribunal at Delhi. The applicants have sought transfer of the above said case from the file of the Debts Recovery Tribunal-Ill, Delhi on the ground that the Counsel for the applicants has filed a complaint dated 4.11.2003 against the Presiding Officer of the said DRT before this Tribunal (hereinafter referred to as 'the DRAT'). According to the applicants, the cause for the said complaint has arisen during hearing of the above said case and, therefore, the above said case should be transferred.
(2.) In the complaint dated 4.11.2003 sent by the Counsel for the applicants to this DRAT it has been stated that on 4.11.2003 the Presiding Officer used the words, "Mind your language, you are a lady you should know, etc." against the Counsel for the applicants herein. The Counsel for the applicants has further stated in the said complaint that on 4.11.2003 the Counsel said that substantial amount had been paid to the Bank, and wanted to file an application for directing the respondent-Bank to place on record the details of the moneys that had been recovered by the respondent-Bank, but the Presiding Officer refused to take it, and said "Order to ho gaya" on which the Counsel said that it was the date for passing the orders, and how could the orders have been passed. The Counsel has further stated that the Presiding Officer refused to take the application, but told the Counsel for the respondent-Bank to file the statement of the amounts received, and fixed the matter to be taken up at 2 P.M. on that day. The Counsel for the applicants also averred that the Presiding Officer used the words "Mind your language, you are a lady you should know, etc." against the Counsel.
(3.) MISCELLANEOUS Application 424/2003 is an application filed by the applicants for stay of further proceedings till the disposal of the application for transfer.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.