Calcutta High Court
Punjab National Bank vs M/S. Christian Mica Industries Ltd on 29 July, 2013
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
TBCS No.2 of 1987
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
PUNJAB NATIONAL BANK
Versus
M/S. CHRISTIAN MICA INDUSTRIES LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 29th July, 2013.
Appearance:
Mr. G.S. Gupta, Adv.
The Court: It is unfortunate that this suit remained in the record of this Court notwithstanding the fact that the suit ought to have been transferred to the Debt Recovery Tribunal, Kolkata, long time back in view of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993. The Department caused inordinate delay in tracing the cause paper and placing it before this Court. The suit and all the connected papers are now directed to be sent to the DRT I, 42C, Jawahrlal Nehru Road, Jeevan Sudha Building, Kolkata in course of this week without any further delay. The Registry must ensure that the records are sent to the DRT I, immediately and shall call for an explanation for the Department concerned for the inordinate delay caused in not sending the said suit to the appropriate DRT, since a large number of matters in the past by orders were directed to be sent to the DRT in view of the introduction of the 1993 2 Act, the said report shall be produced before this Court in the administrative side.
It is made clear that in view of the aforesaid order, the suit should not be treated as pending in this Court and the same is directed to be transferred to the DRT I immediately.
The department and the computer section are accordingly directed to record the said fact.
Registrar, department and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) SP/