Transfer of case from drt
Kvijay12345
(Querist) 13 April 2012
This query is : Resolved
If the defendant observes that the presiding officer of DRT is biased and he gives his judgement unilaterally in the favor of the bank , and therefore the defendant can not be given justice; can the case be transferred to other court or tribunal? if yes then,What is the procedure to do so?
Deepak Nair
(Expert) 13 April 2012
You cannot apply for transfer of the case on assumption of any foul play.
If the order is against you, then the said order can be challenged on merits.
R.K Nanda
(Expert) 13 April 2012
File application u/s 24 of CPC for transfer of ur case to another judge of DRT.
SAINATH DEVALLA
(Expert) 13 April 2012
Dear Nandaji,
There will be only one DRT in each city.Above that there are debt recovery appellate tribunals in major cities.Hence transfer of case in not possible.If the verdict is baised one can appeal in DRAT.
J K Agrawal
(Expert) 13 April 2012
DRT is made to favor the Banks only. It favor you in exceptional circumstances.
If you have a very sound case with you, you may have so many other ways. The DRAT is also there.
prabhakar singh
(Expert) 14 April 2012
CPC does not apply.
All debtors have similar experience as is yours.The Act it self is so framed that it favors creditors.