'We Are Tired Of Adjectives, What Due Diligence?' : Bombay High Court To Centre On Delay In Appointment Of DRAT Chairman

The bench led by Chief Justice Dipankar Datta had earlier issued several directions suo-motu, for debt recovery litigants since the High Court is flooded with matters that the DRAT must decide. The court held that orders of any DRT in Maharashtra would remain stayed if an appeal is filed in the DRAT(M) along with the deposit of requisite fee and 25% of the debt due.

The court extended the application of those directions passed on December 2 till February 28, 2022.

"We expressed our mind in December 2021… Leaving aside all the other matters, we are performing the functions of DRAT.. We are tired of the adjectives being used - what due diligence is being done…? Leave DRAT, why are DRT officers not appointed?" the bench observed.

On Friday, the Additional Solicitor General Anil Singh informed the bench that the appointment was in process and sought three weeks.

"Where is it pending? Committee has almost cleared it? Either it's cleared or not, there is nothing like almost…It has been more than 2 months. These are vague submissions that the appointment is under process or it is in pipeline.. We need a roadmap that this is what is done, and what is to be done."

The ASG submitted that the selection committee had made its decision, and the matter for the chairperson's appointment was being pursued by the relevant department with due diligence. 

"We have perused earlier orders where in no uncertain terms we expressed concern and dismay at the manner in which entire matter of appointment has been dealt with by relevant departments. We have no reason to disbelief statement by ASG, but we need to know where the matter stands at present and what are further steps required to ensure the appointment of Chairperson DRAT, Mumbai. We direct the relevant department of Government of India to submit a short note by Thursday next indicating a roadmap for such an appointment."

Before parting, the bench, in a lighter vein, said, "We are all talking about the booster. We read in newspaper, current budget will be a booster for the economy. So, where is the booster for Judiciary? This is financial capital…"

In December, the Bombay High Court had observed "the situation is distressing to say the least," about all five Debt Recovery Appellate Tribunal (DRAT) in the country lying vacant and issued "suo motu" directions for litigants of DRAT (Mumbai).