On Friday, the Supreme Court modified a Punjab & Haryana High Court order which restrained a Judicial member of the Debts Recovery Tribunal from passing adverse orders in pending matters. The High Court passed the order in a petition filed by DRT Bar Association, which alleged that the judicial member had been behaving rudely with lawyers.
A Bench of Justices MR Shah and CT Ravikumar observed that such an order is unsustainable in law.
"Such an interim order (of the High Court) not to pass any adverse orders in any of the pending cases by the Judicial member cannot be passed and is unsustainable."
During the hearing, the counsel appearing for the Judicial member informed that a strike was organised by the Debts Recovery Tribunal Bar Association.
"How can the Bar just dominate and take over the Tribunal?" the Bench asked after hearing a factual matrix of the case.
Senior Advocate Vikas Singh submitted that the Bar Association only wanted to preserve its self-respect.
"There should be respect. But respect does not mean that the High Court can pass such an order saying concerned Tribunal member should not function. It said that Tribunal judge should not pass any adverse orders. It means what? That he should only allow applications?" the Bench queried.
Singh submitted that the the Tribunal member was punishing lawyers for 'routine things'.
"He has done this before also, such is his track record."
"He (judicial officer) is performing his duty. Bar and Bench should act cordially. Bar should not seek unnecessary adjournments and should not make unnecessary lengthy arguments", the Bench said.
Singh then assured the Bar would cooperate if the concerned member decides the pending matters on merits. If this is the case, then the Bar would not have any objection to modifying the High Court order, he said.
Noting this, the Bench reiterated that both the Bench and the Bar are expected to behave in a cordial manner to facilitate the ends of justice.
"We modify High Court's order and permit the judicial member of the Tribunal to proceed with hearing matters before him on merits. It goes without saying that the judicial member as well as the Bar should maintain cordial atmosphere as both are part of the justice delivery system. Both are two wheels of chariot of justice. It is expected that both respect each other. We impress upon the petitioner to see that there's no unnecessary confrontation and decide matters only on the merits."
Before posting the matter to December 12, the Bench asked for the petition copy to be sent to Solicitor General Tushar Mehta's office.
Case Title: MM Dhonchak vs Debts Recovery Tribunal Bar Association and Ors | SLP(C) No. 21138/2022 IV-B
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