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SHAMPA SARKAR
Asha Memorial Trust – Appellant
Versus
ICICI Bank Limited – Respondent
JUDGMENT :
(Shampa Sarkar, J.)
The revisional application arises out of an order dated March 3, 2023 passed by the learned Debts Recovery Appellate Tribunal (in short DRAT) in Appeal No.67 of 2018/38 of 2023. The appeal arose out of OA No.89 of 2017.
2. The order impugned has two parts. By the first part of the order, I.A. No.100 of 2023 was allowed and the name of the respondent No.7 was deleted from the array of respondents.
3. The next portion of the order impugned, deals with the propriety and/or the legality of the order dated March 19, 2018 passed by the learned Debts Recovery Tribunal III (DRT III) Kolkata, in OA No.89 of 2017.
4. By the order dated March 19, 2018, the learned DRT III, Kolkata, allowed the demurrer application filed by the petitioners, inter alia, holding that the Tribunal lacked territorial jurisdiction to entertain the original application. It was directed that the papers be returned to the Bank for filing the original application before the DRT Cuttack.
5. Such order was challenged by the opposite party No.1/Bank, before the learned DRAT. According to the learned DRAT, the DRT III Kolkata had the territorial jurisdiction to entertain the original applicat
The jurisdiction of Debt Recovery Tribunal is determined by the location of the cause of action, supported by relevant documentation.
The jurisdiction for challenging appellate tribunal orders lies in the High Court corresponding to the original tribunal's location, affirming the principle that appellate orders merge with original ....
The court emphasized that remand orders should not be issued lightly and that jurisdictional issues must be decided by the appellate authority when sufficient evidence is available.
The jurisdiction of a High Court under Article 227 pertains only to the Debts Recovery Tribunal located within its territorial limits, not an appellate tribunal for matters originating outside its ju....
Principal Seat retains jurisdiction over writ challenging appellate tribunal order within its territory despite origin in Circuit Bench district; no ouster or mandatory transfer under Rule 3A as appe....
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