Sponsored
    Follow Us:

Case Law Details

Case Name : Jitender  Kumar Vs Punjab National Bank & Anr (Delhi High Court)
Appeal Number : \W.P.(C) 476/2023 & CM APPL. 1866/2023
Date of Judgement/Order : 05/04/2023
Related Assessment Year :
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

Jitender  Kumar Vs Punjab National Bank & Anr (Delhi High Court)

High Court held that Of the three DRTs in Delhi, only two are functional currently. Now one more Presiding Officer is stated to have put in his papers because of his appointment in another Tribunal. This would leave only one functional DRT with the pendency of over 17,000 cases of all DRTs. The frequent vacancy arising in the DRT is an issue which needs consideration by Government and practical solution has to be found at the earliest. The learned Amicus Curiae submits that frequent vacancy is possibly because of the disproportionate remuneration offered to the DRT Presiding Officers vis-a-vis the other Tribunals.

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. The learned Amicus Curiae submits that work apropos Second Phase, as mentioned in the order dated 16.02.2023, has been completed. Work apropos Third Phase is underway. It is likely to be completed within the time schedule given by the Department of Financial Services, Ministry of Finance (R-3). He further informs the court that the DRT Presiding Officers are using the rooms of Recovery Officers as their retiring rooms/chambers, during the recess hours. However, in FaLe the WecXver5HFfficer’L\rXXIIL areUXcc pieR,RthVn thU5HhaveFFX place to go to for rest or a break. The facilities for Presiding Officers and the Registrars are inadequate which need to be looked into Mr. Kirtiman Singh, the learned CGSC submits that the matter shall be given prompt attention and an endeavour would be made to put remedial measures in place within ten days. Let it be so done.

2. The learned Amicus Curiae also submits that files of pending cases as well as disposed-off cases occupy a lot of space in the DRT, therefore, some lasting solution needs to be found immediately. Let the Administrative Ministry file an affidavit before the next date apropos efforts put in place for digitization of records as well as for operationalizing of the current e-filing facility. After all it is now an accepted norm that digitization of records is the way forward for freeing-up precious office space. Also utility of filing of physical copies would be examined, when e-filing of petitions has been permitted and/or operationalized at the DRTs.

3. Of the three DRTs in Delhi, only two are functional currently. Now one more Presiding Officer is stated to have put in his papers because of his appointment in another Tribunal. This would leave only one functional DRT with the pendency of over 17,000 cases of all DRTs. The frequent vacancy arising in the DRT is an issue which needs consideration by R-3 and practical solution has to be found at the earliest. The learned Amicus Curiae submits that frequent vacancy is possibly because of the disproportionate remuneration offered to the DRT Presiding Officers vis-a-vis the other Tribunals.

4. The learned Amicus Curiae seeks to submit a note in this regard. Let the same be filed before the next date. A copy of the same be supplied to Mr. Kirtiman Singh, the learned CGSC for R-3, for him to obtain

5. Re-notify on 19.04.2023

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Ads Free tax News and Updates
Sponsored
Search Post by Date
December 2024
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
3031