VIJAY GUPTA Vs. CHAIRPERSON, DEBTS RECOVERY TRIBUNAL, ALLAHABAD

JUDGEMENT

(1.) Heard Mr. Swayambhoo Chandranshul, learned counsel for the petitioners and Mr. P.N. Dwivedi, learned counsel for the opposite party No. 3.

(2.) The petitioners have challenged the order dated 17.9.2009 passed by the Debts Recovery Appellate Tribunal, Allahabad in Appeal No R-1115/09, whereby the appeal filed by the petitioners has been rejected with the direction to the Debts Recovery Appellate Tribunal, Lucknow to transfer the case to the Debts Recovery Appellate Tribunal, Allahabad for decision.

(3.) Learned counsel for the petitioners submits that through the application moved before Debts Recovery Appellate Tribunal, the petitioners challenged the recovery proceedings as well as the possession notice dated 22.1.2009 issued under Sec. 13 (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Hereinafter referred to as the 'Act'). He further submits that since the notice under Sec. 13 (4) of the Act was issued by the authority situated at Lucknow in respect of property which has been proposed to auction, the jurisdiction to challenge the notice lies before the Debts Recovery Appellate Tribunal, Lucknow as part of cause of action arises at Lucknow. He submits that if part of cause of action arises at different places, out of those places any place can be chosen to institute the suit or writ petition.