Whether in exercise of powers under Section 17A of the DRT Act, the Chairperson of the DRAT can transfer an appeal/application under Section 17 of the SARFAESI Act from one DRT to another – Paramount Plastic Industries Vs. Corporation Bank & Ors. – Delhi High Court
Hon’ble High Court held that to expressly enact Section 5A, inspite of the DRAT even while exercising powers as an appellate forum under Section 18 of the SARFAESI Act having power to transfer derived from Section 17A of the DRT Act arose, because in exercise of powers under Section 17A, the proceedings could be transferred only from one DRT within the jurisdiction of the DRAT to another DRT also within the jurisdiction of the DRAT. Section 5A enables the DRAT having jurisdiction over any of the two or more Tribunals where the applications mentioned therein are pending, to transfer all pending, applications to one DRT only.