๐Ÿ“ข Too many exams? Donโ€™t know which one suits you best? Book Your Free Expert ๐Ÿ‘‰ call Now!

  • google app store apple app store
  • โœ–

      Question

      Section 17A(2) empowers the Chairperson of an Appellate

      Tribunal to transfer a case from one DRT to another. Under what circumstances can this power be exercised?
      A Only when both parties jointly apply for transfer Correct Answer Incorrect Answer
      B Only when the Presiding Officer of the originating Tribunal is under inquiry Correct Answer Incorrect Answer
      C On the application of any of the parties, or on his own motion after notice to the parties and after hearing them Correct Answer Incorrect Answer
      D Only when the original Tribunal is located in a different state than where the defendant resides Correct Answer Incorrect Answer
      E Only in cases where the debt exceeds Rs. 1 crore Correct Answer Incorrect Answer

      Solution

      Section 17A(2), inserted by Act 1 of 2000, provides that the Chairperson of an Appellate Tribunal having jurisdiction over the Tribunals may transfer any case from one Tribunal to another for disposal - on the application of any of the parties OR on his own motion (suo motu) - after giving notice to the parties and after hearing them. The transfer power ensures administrative flexibility and helps balance workload across DRTs. The requirement to give notice and hear the parties ensures procedural fairness and prevents arbitrary transfers that could disadvantage either the bank or the defendant in terms of distance or convenience.

      Practice Next
      ask-question