TRANSCHEM LIMITED Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) THIS transfer petition is filed by the appellants/original defendants in two separate and independent proceedings filed in Debts Recovery Tribunal-I, Mumbai and Debts Recovery Tribunal, Pune respectively. The prayer made by the appellants/original petitioners is that this Chairperson as per the discretion conferred upon her under Sub-clause (2) of Section 17-A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1973 (hereinafter to be referred as RDB Act) has power to transfer Original Application No. 79P of 2001, pending in the DRT, Pune to DRT-I, Mumbai and be heard along with Original Application No. 267 of 1999 which is pending on the file of DRT-I, Mumbai. The reason given for this transfer is that by such a transfer multiplicity of proceedings so also inconsistency in the orders and judgments that would be passed by the DRT-I, Mumbai can be avoided. It is submitted that the matters in issue are similar and the parties are also same and no harm and prejudice would be caused to any of the respondents if such {i transfer is directed.

(2.) The respondent No. 1 Oriental Bank of Commerce appeared through their Advocate Mrs. Nair, filed their say and strongly opposed the prayer for transfer of Original Application No. 79-P/2001 from DRT Pune to DRT-I, Mumbai and further prayer made by the appellants/petitioners that Original Application No. 79/P/2001 be clubbed with on Original Application No. 267 of 1999, which is pending in DRT-I, Mumbai and both the original applications be heard together.

(3.) UNDER these circumstances, I do not see any reason for transferring O.A. No. 79/P/ 2001 from DRT, Pune to DRT-I, Mumbai and for clubbing the same with O.A. No. 267 of 1999 for simultaneous hearing of these original applications by DRT-I, Mumbai. For these reasons, this transfer petition will have to be rejected. Accordingly, following Order is passed: