Dismissing Plea Due To Shortage Of Stenographers Unwarranted: Punjab & Haryana HC Says DRT Presiding Officer Ought To Have Raised Issue With Authorities

The Punjab & Haryana High Court today said that Debt Recovery Tribunal (DRT) cannot dismiss application on the ground that there is shortage of stenographers or typists.

Justice Anupinder Singh Grewal and Justice Sumeet Goel said, "the dismissal of the application(s) on account of shortage of stenographers and typists is unwarranted and the applications ought to have been heard and decided on merits."

The Court added that in the event of shortage of infrastructure and staff, the Presiding Officer ought to have raised the issue with the competent authority and it could not be the reason for dismissal of the application. Therefore, impugned orders dated 20.01.2025 and 11.02.2025 passed by the DRT-III, Chandigarh deserve to be set aside.

The Court was hearing an application filed by M/s Sarabjit Singh and Company and another passed by the DRT-III, Chandigarh, whereby the IA filed by the petitioners seeking stay of action of authorities for taking physical possession of the secured asset and seeking preponement have been dismissed.

Senior counsel appearing for the petitioner submitted that the application has been erroneously dismissed on the ground that the board was heavy and there was acute shortage of stenographers and efficient typists' in the Tribunal.

He further submitted that the petitioners are ready to make the entire payment as sought by the respondent-Bank and prayed for interim relief till the application of the petitioners is decided by the DRT-III, Chandigarh.

Considering that applications could not have been dismissed due to lack of staff, the Court set aside the orders passed by DRT-III Chandigarh and allowed the petition. 

 The Court also noted that, "it is manifest there is shortage of stenographers and typists in the DRT-III, Chandigarh."

"Mr. Satya Pal Jain, Addl. Solicitor General of India, who is present in the Court assisted by Mr. Dheeraj Jain, Senior Panel Counsel and Ms. Neha Dalal, Advocate, submits that let the Presiding Officer send a requisition with regard to the requirement of staff and the same would be addressed at the earliest," it added.

The bench also requested the presiding officer  to send the requisition of staff forthwith to the Government of India with a copy to Additional Solicitor General of India.

Mr. D.S. Patwalia, Sr. Advocate with Mr. Gaurav Rana, Advocate for the petitioners.

Mr. Rajiv Joshi, Advocate for respondents No.2 and 3.

Mr. Aftab Singh Khara, Senior Deputy Advocate General, Punjab.

Mr. Satya Pal Jain, Addl. Solicitor General of India, assisted by Mr. Dheeraj Jain, Senior Panel Counsel and Ms. Neha Dalal, Advocate.

Title: M/s Sarabjit Singh and Company and another v. Debts Recovery Tribunal III and others