Authority: High Court at Calcutta (Constitutional Writ Jurisdiction) – Appellate Side

Order Date: 19 August 2026

Case Overview

  • Petitioners: M/s. S.S. Trade Link & Anr., represented by Mr. Sashwat Nayak and counsel; Respondents: Union of India, HDFC Bank Ltd., and others.
  • The petition sought quashing of an administrative endorsement dated 12 January 2026 that transferred the petitioners’ pending application under Section 17 of the SARFAESI Act (SA No. 303 of 2018) from Debts Recovery Tribunal‑II, Kolkata to Debts Recovery Tribunal, Siliguri.
  • The transfer was effected after the Ministry of Finance’s Notification dated 16 December 2025 (S.O. 5807 (E)), which amended the jurisdictional table to place Birbhum, Alipurduar and Kalimpong districts under DRT Siliguri. The notification was prospective and did not expressly provide retrospective effect.
  • The Chairperson of the Debts Recovery Appellate Tribunal, Kolkata, issued an Office Order on 18 December 2025 invoking Section 17A(2) of the Recovery of Debts and Bankruptcy Act, 1993, directing DRT‑II and DRT‑III Kolkata to transfer cases within the new jurisdiction, without any hearing or specific order for the petitioners’ case.
  • Counsel for the petitioners argued that the transfer violated the principle that delegated legislation is prospective unless expressly retrospective, and that Section 17A(2) requires notice and hearing before any transfer.
  • The Court examined the statutory provisions, the 2017 and 2025 notifications, and the Office Order, concluding that the 2025 notification was prospective and that the transfer was effected without complying with Section 17A(2).

Final Outcome

  • The transfer of the petitioners’ case (SA No. 303 of 2018, re‑assigned as TSA No. 106 of 2026) dated 12 January 2026 is set aside and quashed.
  • The case shall continue before Debts Recovery Tribunal‑II, Kolkata in accordance with law.
  • Should the Appellate Tribunal wish to transfer the case in the future, it must strictly follow Section 17A(2) by giving the parties notice and an opportunity of hearing.

Topics: Debt Recovery Tribunal Transfer; SARFAESI Act; Judicial Review