Bombay High Court (File) Observing that it cannot “allow justice to become casualty,” the Bombay High Court on Thursday warned the Union Ministry of Finance (MoF) that if it fails to inform the date of appointment of chairperson of Debt Recovery Appellate Tribunal (DRAT), Mumbai, within two weeks, court will be constrained to summon Secretary, MoF to appear before it to respond to the delay in appointments.
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.
On Thursday, Additional Solicitor General Anil Singh appearing for the central government submitted a status report signed by AK Dogra, Director, Department of Financial Services (DFS), MoF, which stated that the recommendation of search and selection committee headed by judge of Supreme Court has on December 20, 2021 forwarded recommendations to DFS which included names for appointment of chairpersons of various DRATs including the one in Mumbai.
The bench observed, “Perusal of status report does not reveal any roadmap, in-fact, we are left to wonder if Director, DFS understood what we meant by roadmap in light of February 4 order. The only addition to the status report is to the effect that the recommendations are being evaluated/examined by the establishment officer and forwarded to ACC…”
“The conclusion is inescapable that after December 30, 2021, there has been no positive development in respect of such an important matter which we are seized of,” the bench noted.
“Has the legislature conferred powers on banks to throw people out of their homes without judicial intervention?… Is this the level of seriousness of MoF, the most important Ministry after defence and home? It is as if they do not care and do not have regard for the order of HC,” the bench remarked.
ASG Singh prayed for “one last opportunity” to come up with “positive development” and submit a “roadmap,” which HC accepted and said that “consequences will follow” if the court “is not told of any positive outcome by February 21”.
“We would be constrained to call upon the Secretary, MoF and responsible officers attached to DoPT for facilitating appointment of chairpersons of DRAT,” the bench noted
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