M/S Saini Industries Ltd vs The Union Of India on 14 July, 2021
Learned counsel for the petitioners would submit
that the subject notification assigning additional charge
of the Presiding Officer of the DRT, Jabalpur to the
Presiding Officer, DRT, Lucknow is ultra vires the
provisions of Section 4 (2)(a) of the Recovery of Debts
and Bankruptcy Act, 1993, introduced by the Act No.44
of 2016) {The Enforcement of Security Interest and
Recovery of Debts Laws and Miscellaneous Provisions
(Amendment) Act, 2016}, inasmuch as under the said
provision the additional charge of the Presiding Officer
can be handed over to the Presiding Officer of any other
Tribunal established under any other law and not to the
Presiding Officer of another DRT, which is outside the
State or outside the jurisdiction of the original DRT. He
would refer to the Division Bench judgment of the
Kerala High Court in the matter of M/s Kerala Fashion
Jewellery & Others Vs. the Union of India & Others in
Writ Appeal No.384/2021 whereby and whereunder the
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subject notification has been set aside in respect of
DRT-II Ernakulam Bench, the charge of which was
handed over to the Presiding Officer, DRT-II, Bangalore.