N.Anandraj rep by Power agent T.G.Nagarajan V/S Standard Chartered Bank & ors

M.A(S.A):43/2012

Ld. Counsel Shri Swaminathan appearing on behalf of the transfer petitioner stated that whatever allegations that have been made in the affidavit are being withdrawn and prayed that this Tribunal may transfer the SA from DRT-II, Chennai to any other tribunal of competent jurisdiction to enable him to do the case effectively.

Ld. Counsel Shri Sheik Ismail appearing on behalf of the respondent bank drew the attention of this Tribunal to the allegations made in the affidavit and stated that it is unbecoming on the part of the litigant to make such allegations against the Ld. Presiding officer, DRT-II, Chennai and that the litigant has made such allegations just for the purpose of delaying the recovery process.

Heard both sides.  R2 and R3 are given up.

In view of the facts and circumstances of the case more particularly in view of the fact that the allegations made in the affidavit have been withdrawn by the Ld. Counsel ShriSwaminathan appearing for the transfer petitioner and in view of the fact that the SA has to be disposed of at the earliest the following order is passed.

“1)  SA No.117/2011 on the file of DRT-II, Chennai is hereby transferred to DRT-I, Chennai.

2)      The Ld. Presiding Officer, DRT-I, Chennai shall take up the proceedings in the said SA No.117/2011 at the stage where it was lying i.e. at the stage of arguments and shall fix the arguments within the first two weeks of October, 2012 and hear the arguments.

3)      After hearing the arguments within the time specified above the Ld. Presiding Officer shall proceed to pass final orders on or before 31.10.2012.

4)      Ld. Counsel Shri Swaminathan appearing on behalf of the transfer petitioner is requested to cooperate with the tribunal below and not to take any adjournment for the purpose of arguments which is to be scheduled on or before 15.10.2012.

5)      The Authorised officer shall stand restrained from in any way proceeding any further under the provisions of the SARFAESI Act in any manner till 31.10.2012.

6)      The Registry, DRT-II, Chennai is directed to transmit the records to DRT-I, Chennai on or before 4.10.2012.”

This MA(SA) is disposed of accordingly.

The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on27th Sep 2012