Application filed u/s 17 A (2) of RDB Act could not decide due to pending amendment application before Tribunal: DRAT directs DRT to decide in a Week [Read Order]
Application stands disposed of with direction upon the Tribunal below to consider and decide the amendment application filed by the applicant within a week, when it becomes functional
![Application filed u/s 17 A (2) of RDB Act could not decide due to pending amendment application before Tribunal: DRAT directs DRT to decide in a Week [Read Order]](https://images.taxscan.in/h-upload/2025/08/01/2071885-dismissal-of-securitization-application-delhi-hc-chairperson-drat-application-for-waiver-of-deposit-taxscan.webp "Application filed u/s 17 A (2) of RDB Act could not decide due to pending amendment application before Tribunal: DRAT directs DRT to decide in a Week [Read Order]")
The Allahabad bench of the Debts Recovery Appellate Tribunal (DRAT) directed the DRT to decide the application filed under section 17A (2) of the Recovery of Debts and Bankruptcy (RDB Act),1993 which was failed to decide due to pending amendment application before the tribunal. It was directed to decide the case in a week. Deepak Automobiles, the applicant filed the application...
The Allahabad bench of the Debts Recovery Appellate Tribunal (DRAT) directed the DRT to decide the application filed under section 17A (2) of the Recovery of Debts and Bankruptcy (RDB Act),1993 which was failed to decide due to pending amendment application before the tribunal. It was directed to decide the case in a week.
Deepak Automobiles, the applicant filed the application under section 17-A(2) of the Recovery of Debts and Bankruptcy (RDB Act), 1993 stating therein that the SDM, Bidhuna, Auraiya has issued a notice dated 09.07.2025 for taking physical possession of the property in question today i.e. 21.07.2025.
Comprehensive Guide of Law and Procedure for Filing of Income Tax Appeals, Click Here
The counsel further submitted that against the said notice, an amendment application has been filed by the applicant in the pending S.A. No. 304/2024 before the Tribunal below, but there is no Presiding Officer in the Tribunal below, therefore, no relief could be obtained from there.
Since the supervisory jurisdiction of this Appellate Tribunal is over the Tribunals below, therefore, it is prayed that the interest of the applicant may be protected till the charge of the DRT, Allahabad is given to other Tribunal under jurisdiction of the Appellate Tribunal and the Tribunal below may also be directed to decide the aforesaid S.A. within the time as specified by the Tribunal.
Be that as it may, the present misc. application stands disposed of with direction upon the Tribunal below to consider and decide the amendment application filed by the applicant in S.A. No. 304/2024 in accordance with law most expeditiously preferably within a week, when it becomes functional, as it has been intimated that the Ministry shall either transfer the jurisdiction or give the charge of the DRT.
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
