Mr.R.chidambaram and ors V/S IOB

M.A(S.A):81/2012

Proof of service not filed in this transfer petition.

Ld. Counsel Shri Aravind Ghosh appearing on behalf of the respondent bank stated that this Tribunal by its discretion transfer this case to any other DRT of competent jurisdiction and also issue directions for the disposal of the SA itself within two months.

Ld. Counsel Shri Desingu appears on behalf of the transfer petitioners and stated that a Presiding Officer cannot step into the shoes of the Authorised officer and also cannot conduct auctions and such being the case the SA should be transferred.

Heard both sides.

In view of the submissions made by the Ld. Counsel for the respondent bank the following order is passed.

‘A Presiding Officer of the DRT cannot conduct a sale under the provisions of the SARFAESI Act. Therefore the Registry, DRT-II, Chennai who has already collected the tenders is hereby directed to return the same to the Authorized Officer of the respondent bank. ‘SA No.67/2012’ is hereby transferred from the file of DRT-II, Chennai to the file of DRT-I, Chennai. The Ld. Presiding Officer, DRT-I, Chennai is hereby directed to take up the SA and dispose of the same as enshrined in Sec.17(5) of the RDDBFI Act.  However it will be open to the respondent bank to urge the Ld. Presiding Officer to dispose of the SA at the earliest.’

This MA(SA) is disposed of accordingly.

IA 749/2012 (stay); Orders passed in MA(SA).  Hence this IA is closed.

This order was issued by THE HON'BLE CHAIRPERSON  of DRAT ,Chennai ON 23/07/2012