Bombay High Court (File) The Bombay High Court on Friday expressed displeasure over the delay in appointment of the chairperson of Debt Recovery Appellate Tribunal (DRAT), Mumbai and officers of Debt Recovery Tribunal (DRT), and directed the Centre to submit a short note giving a ‘road map’ of what steps are being taken to ensure such appointments are made at the earliest.
DRTs are constituted under the Union finance ministry to enable banks and other financial institutions to recover debt from borrowers in a speedy manner.
A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing pleas seeking direction to the Centre to appoint a chairperson of DRAT, Mumbai. The high court has been passing directions to aid litigants who are left without an appellate panel, due to vacancies in DRAT making it non-functional.
The bench orally remarked: “We are doing the function of DRAT now.. We are tired of the adjectives being used (by the central government) that due diligence is being done (for appointing the chairperson of DRAT).. what due diligence? Leave DRAT, why are DRT officers not appointed?
It went on to say, “We are all talking about a booster. We read in the newspaper that the current budget will be a booster for the economy. Where is the booster for the judiciary? This (Mumbai) is the financial capital.”
Additional Solicitor General Anil Singh, representing the Union finance ministry and other departments of the central government, submitted that appointment for DRAT chairperson is in process and is being perused by relevant departments with due diligence and he would be in a position to make a positive statement by three weeks.
“We expressed our mind on December 2, 2021. It has been more than two months since then. These are vague submissions that “this is under process or under pipeline,” CJ Datta remarked.
The bench noted in the order: “We have perused earlier orders where in no uncertain terms we expressed concern and dismay at the manner in which the entire matter of appointment has been dealt with by the relevant department. We have no reason to disbelieve the 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. We propose to pass further orders after looking into such a note.”
The high court told ASG Anil Singh: “Please convey the concern of the court to your officers. also convey that if we do not get a proper picture by Thursday, we may have to think otherwise.”
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