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2014 Supreme(Del) 2174

SANJIV KHANNA, RAJIV SAHAI ENDLAW
Paramount Plastic Industries – Appellant
Versus
Corporation Bank – Respondent


Advocate Appeared:
For the Petitioner:Pratiti Rungta & Sumit Pargal, Vineet Tayal, Advocates.
For the Respondents:R8, Rajive Mehra, Sr. Adv. With Suresh Dutt Dobhal & Karan Dev, Advocates.

Judgment

Rajiv Sahai Endlaw, J.

1. The petitions impugn the order dated 6th June, 2014 of the Debts Recovery Appellate Tribunal (DRAT), Delhi of transferring S.A. No.87/2013 filed by the petitioner in W.P.(C) No.4413/2014 before the Debts Recovery Tribunal (DRT), Jaipur and S.A. No.174/2013 filed by the petitioner in W.P.(C) No.5581/2014 before the DRT Chandigarh to DRT-II, Delhi, on an application of the respondent no.10 in both petitions (M/s Harish Chandra (India) Ltd. (HCIL)) and in exercise of powers under Section 17A of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (DRT Act).

2. W.P.(C) No.4413/2014 came up first before this Court on 22nd July, 2014 when, on the contention of the counsel for the petitioner that the Full Bench of this Court in Amish Jain Vs. ICICI Bank Ltd. AIR 2013 Delhi 172 has held that there is no provision in the DRT Act for transfer of proceedings from one DRT to another, notice thereof was issued for 26th August, 2014 and final determination/adjudication by the DRT-II, Delhi stayed.

3. W.P.(C) No.5581/2014 came up first for consideration on 29th August, 2014. However, since the senior counsel for the contesting respondent appeared













































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