Non-Functioning Of DRT-II Has Flooded HC With Pleas: Punjab & Haryana High Court Directs Giving Additional Charge To DRT-I
The Punjab & Haryana High Court flagged the "piquant situation" which has raised due to non functioning Debt Recovery Tribunal-II (DRT-II) in Chandigarh since August, as the High Court is flooded with the pleas of litigants adversely affected.
Justice Lisa Gill and Justice Sukhvinder Kaur noted "the piquant situation which has arisen due to non-functioning of learned DRT-II leading to a flood of writ petitions by adversely affected parties before this Court with no timeline available to indicate when learned DRT-II shall become functional."
In order to obviate unnecessary delays and difficulties to affected litigants, the Court directed that earlier arrangement where additional charge of learned DRT-II had been given to DRT-I shall continue till the next date of hearing or any decision taken by Cabinet Committee for Appointments, whichever is earlier.
The Court was hearing two writ petitions highlighting the plight of litigants. Since August 2024, neither has a Presiding Officer been appointed to discharge the functions of DRT-II, nor has the additional charge of DRT-II, previously assigned to DRT-I, been extended.
Considering the pleas, the Court called upon Satya Pal Jain, Additional Solicitor General of India to apprise the Court as to when learned DRT-II will become functional.
The ASG, Satya Pal Jain informed that proposal for extension of additional charge of the DRT-II to the DRT-I has been sent in August itself to Cabinet Committee for Appointments but approval is still awaited and no specific timeline is available.
In the light of the above, the Court directed that earlier arrangement where additional charge of learned DRT-II had been given to DRT-I shall continue till the next date of hearing or any decision taken by Cabinet Committee for Appointments, whichever is earlier.
While listing the matter for being apprised of the of the decision of Cabinet Committee for Appointments, the Court said that, "Parties are at liberty to raise all pleas available to them before said Forum. Liberty is afforded to petitioners to file appropriate application before learned DRT-I for hearing of both these matters, which we are sanguine will be taken up in accordance with the urgency which may be projected before learned DRT."
Mr. Ashwani Talwar, Advocate for the petitioners (in CWP-25240-2024).
Mr. Sanjiv Gupta, Advocate for the petitioners (in CWP-25295-2024).
Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Dheeraj Jain, Senior Panel Counsel for UOI.
Title: JAWALA TRADING COMPANY AND OTHERS v. RESERVE BANK OF INDIA AND OTHERS [Along with other petition]