Ramasamy & Co & ors V/S Indian Bank

M.A(S.A):99/2012

Record of proceedings on 18.10.2012 in MA (SA) No.99/2012: Ld. Counsel appearing on behalf of the appellants prayed that  SA No.101/2009 on the file of DRT-II, Chennai may be transferred  to any other DRT of competent jurisdiction and added that another SA No.97/2009 arising out of the same cause of action may also be transferred from DRT-II to any other DRT of competent jurisdiction and prayed that orders may be passed.  Ld. Counsel Shri Rajesh appears on behalf of the auction purchasers who are R4 to R7 and has no objection for the transfer.  Ld. Counsel Shri Balasubramaniam appearing on behalf the respondent bank made his submissions.

Heard both sides.

In view of the facts and circumstances more particularly in view of the fact that no prejudice would be caused to the bank if the SA is transferred to any other DRT of competent jurisdiction this transfer petition is allowed.  Further in view of the fact that SA No.97/2009 also arises out of the same cause of action it would be appropriate if the said SA is also transferred from DRT-II, Chennai to any other DRT of competent jurisdiction. Accordingly the following order is passed.

“SA Nos.101/09 and 97/2009 are hereby transferred from the file of DRT-II, Chennai to DRT-III Chennai. The Ld. Presiding officer, DRT-III, Chennai is directed to take up the SAs for disposal and dispose of the same in accordance with law within a period of three months from today.”

This MA(SA) is disposed of accordingly.

IA 817/2012 (stay);  Orders have been passed in MA(SA).  Hence this IA is closed.

The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on18th Oct 2012