India
would directly result in interfering with the order of the DRT functioning
beyond the territorial jurisdiction of this Court. Mr. Saha contended that ... defendant before the DRT, Guwahati preferred an appeal before
the DRAT Kolkata. DRT at Guwahati was constituted for functioning in the
North Eastern region comprising
relied upon.
It is, thus, submitted that in view of the DRT,
Kolkata functioning with one Bench only and having
not come to a total ... Although the petitioners claim that the DRT is
functioning with truncated strength at present, it has
not come to a total stand-still
before the DRT
within a period of 10 days from today and in case the
concerned DRT is not functioning, then to file
application before ... four weeks from today for transferring application to
another DRT which is functional. On filing such
application, the DRT/Chairman, DRAT will take
appropriate decision
been taken up by the DRT. It is
submitted that only the First Bench of the DRT is
functioning at present, whereas the other ... until further order of
the DRT, whichever is earlier.
The First Bench of the DRT, which is now
functioning, shall call for the records
DRT-
III. The learned Single Judge also took note of the fact
that the DRT-I and DRT-III had started functioning from
28th February ... DRT-III was not functioning and is still not
functioning, therefore, the appellant does not have a
remedy before the DRT and that the appellant
petitioners also approached the DRT-III against this
communication. It is also undisputed that the DRT-III
has not been functioning since June ... inclined to pass an interim order of protection
until the DRT-III starts functioning namely a new
Member is appointed as the office bearer
that the DRT-III has not
pronounced any further orders after 13th May, 2022.
Since the DRT-III is presently no functioning, the
respondent Bank ... petitioner on 8th June, 2022 until one week after the
DRT-III becomes functional or the matter is assigned to
any other Bench upon notice
referring to paragraph 19 of the revisional application that the
DRT was not functioning regularly prior to 7.5.2007 and even thereafter;
hence, the petitioners could ... also conducted. The
contention of the petitioners that the DRT remained non-functional to a
large extent and hence they were prevented from approaching
bank that the Debt Recovery Tribunal at
Kolkata are functional. The DRT no. 2 is not
only functional but also in-charge of the
determination
committed any illegality in passing the impugned order
and that the DRT is functional where the second appeal
preferred by the appellants is still pending ... reached to the conclusion that the
appellants have already approached the DRT under
Section 17 of the Act by filing the appeal and that
