Application Sr. No. 52-A of 2016. Case: Shubham Varshnay Vs Canara Bank. Allahabad DRAT DRAT (Allahabad Debt Recovery Appellate Tribunals)
| Case Number | Application Sr. No. 52-A of 2016 |
| Counsel | For Appellant: Akhilesh Kalra and Sanjeev Singh, Advocates and For Respondents: Maneesh Mehrotra, Advocate |
| Judges | V.K. Mathur, J. (Chairperson) |
| Issue | Civil |
| Judgement Date | March 02, 2016 |
| Court | Allahabad DRAT DRAT (Allahabad Debt Recovery Appellate Tribunals) |
Judgment:
V.K. Mathur, J. (Chairperson)
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Learned Presiding Officer, DRT, Lucknow has sent a letter dated 24th February, 2016 requesting that the securitisation application No. 717/2015, Shubham Varshnay v. Canara Bank may be withdrawn from the DRT, Lucknow and transferred to some other Debts Recovery Tribunal for disposal. It has been mentioned in the letter that Mr. S.K. Sinha, learned Counsel for the Bank on 24th February, 2016 had stated before the Tribunal that the learned Counsel for the Applicant Mr. Sanjeev Singh is taking privilege from the Tribunal and his cases are listed before the Tribunal as and when he desires. It was mentioned by the learned Presiding Officer that the said allegation causes aspersion on the working of the Tribunal. The applicant thereafter approached the Hon'ble High Court, Allahabad, Lucknow Bench and the Hon'ble High Court vide order dated 26th February, 2016 in Miscellaneous Single No. 4209 of 2016, Shubham Varshnay v. Debts Recovery Tribunal, Lucknow through, its Registrar directed this Tribunal to take a decision expeditiously on the letter which was sent by the Presiding Officer, DRT in terms of the order dated 24th February, 2016.
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Learned Counsel for the Applicant submitted that as per order dated 5th January, 2016 of the Registrar, DRT, Lucknow, the S.A. No. 717/2015, Shubham Varshnay v. Canara Bank was directed to be listed on 3rd February, 2016 for filing of objection. An application was moved on behalf of the applicant by the learned Counsel Mr. Sanjeev Singh mentioning that the auction in the matter was fixed for 29th February, 2016. The said application was directed by the Registrar to be listed before the Presiding Officer on 24th February, 2016.
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The case was taken up on 24th February, 2016, wherein the learned Counsel for the applicant as well as the respondent-Bank also appeared and on account of the unpleasant incident which occurred on 24th February, 2016, the Presiding Officer wrote a letter to this Tribunal for transferring the above case to some other DRT.
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The Hon'ble High Court Allahabad, Lucknow Bench has also directed this Tribunal to take the decision expeditiously on the letter sent by the Presiding Officer, DRT, Lucknow.
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It was also contended by the learned Counsel for the applicant that the learned Counsel for the Bank had stated that Mr. Sanjeev Singh, learned Counsel for the applicant is taking privilege from the DRT and his cases are listed as and when he desires...
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