D/L- 31 08/09/2026 Ct. No.- 6 Aritra C.O. 2994 of 2026 M/s. Bulesky Property Ventures LLP Vs. Santosh Kumar Pandey & Ors. Mr. Aniruddha Chatterjee, Sr. Adv., Mr. Shounak Muknopadhyay Mr. Tanoy Agarwal Ms. Ranita Jana ….for the petitioner Mr. Anirban Ray, Sr. Adv., Mr. Orijit Chatterjee Mr. Soumabho Ghosh Ms. Safura Ahmed Mr. Nimish Mishra Mr. Ayan Banerjee Mr. Debjit Mukherjee Mr. R.K. Pandey ….for the opposite party nos.1 to 3 Mr. Souritra Ganguly ….for the opposite party no.4 Mr. Sayak Ranjan Ganguly Ms. Srijani Ghosh Ms. Simrin Hussain Ms. Pujal Musahib ….for the opposite party no.5 This application under Article 227 of the Constitution of India is at the instance of the auction purchaser and is directed against an order dated March 6, 2025 passed by the Debts Recovery Appellate Tribunal at Kolkata in Transfer Petition No.1 of 2025 arising out of S.A. No.317 of 2024. The opposite party nos.1 to 3 filed a Transfer Application being No.1 of 2025 before the learned Debts Recovery Appellate Tribunal praying for transfer of S.A. 317 of 2025 pending before the Debts Recovery Tribunal – I, Kolkata to Debts Recovery – II, Kolkata. 2 Mr. Chatterjee, learned senior advocate appearing for the petitioner submits that the order of transfer is a non- speaking one. He further submits that there is no justifiable reason for transfer of the SARFAESI proceedings from Debts Recovery Tribunal – I, Kolkata to Debts Recovery Tribunal – II, Kolkata. Mr. Ray, learned Senior advocate appearing for the opposite party nos.1 to 3 submits that after the order dated March 6, 2025 was passed on the transfer application and the SARFAESI application was transferred to Debts Recovery Tribunal – II, Kolkata, the parties including the petitioner participated in the proceedings before the Debts Recovery Tribunal – II, Kolkata. He submits that several affidavits were filed by the respective parties before the transferee bench and series of orders have been passed by the transferee bench. Heard the learned advocate for the parties and perused the materials placed. At this stage, it would be relevant to take note of the order passed by the Debts Recovery Appellate Tribunal on February 20, 2025 which is extracted hereinafter:- “Having considered the submissions made by the parties, I found it appropriate that learned DRT be directed to dispose of the interim application along with the issue of Limitation, if any, on the date fixed i.e. on 27.02.2025. It is however made clear that no unnecessary adjournment should be granted to either of the parties. However, learned DRT would be at liberty to adjourn the matter if it 3 is of the opinion that any sufficient ground is made out for adjournment. If hearing of the matter could not be concluded on the date fixed, learned DRT is well advised to continue the hearing on day-to-day basis subject to its own roster and endeavour should be made to dispose of the interim application as expeditiously as possible as per direction made in the body of the judgment.” The learned Chairperson of the Debts Recovery Appellate Tribunal also took note of the order dated February 28, 2025 passed by the Debts Recovery Tribunal – I, Kolkata, which is extracted hereinafter:- “Mr. Soudip Pal Choudhury, Ld. Advocate, mentioned to make rule regarding notice to other side. Ld. Advocate was not even prepared to listen Ld. Presiding Officer and did not remain quiet for which matters listed today could not be taken up due to disturbance in spite of specific notice in the case list regarding procedure to be followed for mentioning. Matter is adjourned to 03.03.2025.” After going through the order of the Debts Recovery Appellate Tribunal dated February 20, 2025 and the order passed by the Hon’ble Division Bench in MAT 2089 of 2024, this Court is of the considered view that the learned Debts Recovery Appellate Tribunal was right in directing transfer of the S.A. application from Debts Recovery Tribunal – I, Kolkata to Debts Recovery Tribunal – II, Kolkata. 4 At this stage, it would be relevant to take note that the petitioner filed an application for recall of the order dated March 6, 2025, which was rejected by the Debts Recovery Appellate Tribunal by an order dated July 30, 2026. The civil revisional application being C.O. 2993 of 2026 challenging the order dated July 30, 2026 has been dismissed by this Court by an order passed today (i.e. September 8, 2026). Record reveals that the Transfer Application No.1 of 2025 was disposed of upon hearing the learned counsel for the respective parties including the auction purchaser and the secured creditor. The order was not challenged contemporaneously and the recalling application was filed almost after a year the transfer application was allowed. The recalling application was filed on July 16, 2026. This Court is not inclined to interfere with the order of transfer at this belated stage. For all the reasons as aforesaid, this Court is not inclined to interfere with the order impugned. CO 2994 of 2026 stands dismissed. At this stage Mr. Chatterjee, learned senior advocate appearing for the petitioner submits that opportunity be granted to the petitioner to file an appropriate application before the learned Debts Recovery Appellate Tribunal. Such submission is seriously opposed by Mr. Ray, learned senior advocate appearing for the opposite party nos.1 to 3 herein. If the law entitles the petitioner to file an application no liberty for the same is necessary. 5 At this stage, Mr. Chatterjee, learned advocate appearing for the petitioner submits that three appeals being Misc. Appeal Diary No.660 of 2026, Misc. Appeal Diary No.694 of 2026 and Misc. Appeal No.730 of 2026 are pending before the Debts Recovery Appellate Tribunal. Mr. Chatterjee submits that the hearing of such appeals be expedited. Mr. Ray, submits that the said appeals are not yet ready for hearing. It will be open to the petitioner to approach the learned Debts Recovery Appellate Tribunal with a prayer for expeditious hearing of the said appeals. If a prayer is made, the Chairperson of Debts Recovery Appellate Tribunal shall consider such prayer in accordance with law. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)