Karnataka High Court
Mr Joseph Raj vs Union Of India on 29 October, 2025
-1-
NC: 2025:KHC:43053
WP No. 15375 of 2015
C/W WP Nos. 15374 of 2015
AND 4 OTHERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 15375 OF 2015 (GM-RES)
C/W
WRIT PETITION NOS. 15374 OF 2015, 15376 OF 2015
15377 OF 2015, 15378 OF 2015 & 15379 OF 2015
IN WP No. 15375/2015
BETWEEN:
1. MRS. RANGA LAKSHMAMMA
AGED ABOUT 69 YEARS
W/O LATE L. BORANNA
NO. 63, 2ND CROSS
VASATHIRAHITHRA SANGA
SRIGANDHAKAVAL
SUNKADAKATTE
BENGALURU - 91.
Digitally signed by ...PETITIONER
ARUNKUMAR M S
Location: HIGH
(BY SRI. R. ASHOK KUMAR, ADVOCATE)
COURT OF
KARNATAKA AND:
1. UNION OF INDIA
MINISTRY OF FINANCE
(FINANCIAL SERVICES)
REPRESENTED BY ITS SECRETARY
BANKING ADMINISTRATION
3RD FLOOR, JEEVAN DEEP BUILDING,
SANSAD MARG
NEW DELHI-110001.
-2-
NC: 2025:KHC:43053
WP No. 15375 of 2015
C/W WP Nos. 15374 of 2015
AND 4 OTHERS
HC-KAR
...RESPONDENT
(BY SMT. ANUPARNA BORDOLOI, CGSC)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO CONSTITUTE AND ESTABLISH A FULLTIME
DEBT RECOVERY APPELLATE TRIBUNAL FOR KARNATAKA AT
BENGALURU.
IN WP NO. 15374/2015
BETWEEN:
1. MR. P. RANGASWAMY
S/O LATE PONNUSWAMY
AGED ABOUT 65 YEARS
NO.64, 2ND CROSS
VASATHIRAHITHRA SANGA
SRIGANDHAKAVAL
SUNKADAKATTE
BENGALURU - 560091.
...PETITIONER
(BY SRI. R.ASHOK KUMAR.,ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF FINANCE (FINANCIAL SERVICES)
REPRESENTED BY ITS SECRETARY
BANKING ADMINISTRATION
3RD FLOOR, JEEVAN DEEP BUILDING
SANSAD MARG
NEW DELHI - 110 001.
...RESPONDENT
-3-
NC: 2025:KHC:43053
WP No. 15375 of 2015
C/W WP Nos. 15374 of 2015
AND 4 OTHERS
HC-KAR
(BY SMT. ANUPARNA BORDOLOI, CGSC)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT TO CONSTITUTE AND ESTABLISH A
FULLTIME DEBT RECOVERY APPELLATE TRIBUNAL FOR
KARNATAKA AT BENGALURU.
IN WP NO. 15376/2015
BETWEEN:
1. P V ARVIND
S/O LATE P.R.VENKAT RAMANIAHA
AGED ABOUT 40 YEARS,
NO.74/A,
12TH MAIN ROAD, 27TH CROSS ROAD,
BANASHANKARI 2ND STAGE,
BANGALORE-560070.
...PETITIONER
(BY SRI. R. ASHOK KUMAR, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF FINANCE (FINANCIAL SERVICES)
REP BY ITS SECRETARY,
BANKING ADMINISTRATION,
3RD FLOOR, JEEVAN DEEP BUILDING,
SANSAD MARG,
NEW DELHI-110001.
...RESPONDENT
(BY SMT. ANUPARNA BORDOLOI, CGSC)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
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NC: 2025:KHC:43053
WP No. 15375 of 2015
C/W WP Nos. 15374 of 2015
AND 4 OTHERS
HC-KAR
THE RESPONDENT TO CONSTITUTE AND ESTABLISH A
FULLTIME DEBT RECOVERY APPELLATE TRIBUNAL FOR
KARNATAKA AT BENGALURU.
IN WP NO. 15377/2015
BETWEEN:
1. MR. JOSEPH RAJ
S/O SHANTAPPA,
AGED ABOUT 61 YFEARS,
R/O NO.60, 2ND FLOOR,
POONAM APARTMENTS,
17TH "A" CROSS, 4TH BLOCK,
4TH STAGE, A.D. HALLI,
BASAWESHWARNAGAR,
BENGALURU - 560079.
...PETITIONER
(BY SRI. R. ASHOK KUMAR, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF FINANCE (FINANCIAL SEVICES)
REP BY ITS SECRETARY,
BANKING ADMINISTRATION,
3RD FLOOR,JEEVAN DEEP BUILDING,
SANSAD MARG,
NEW DELHI - 110001.
...RESPONDENT
(BY SMT. ANUPARNA BORDOLOI, CGC)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT TO CONSTITUTE AND
ESTABLISH A FULLTIME DEBT RECOVERY APPELLATE
-5-
NC: 2025:KHC:43053
WP No. 15375 of 2015
C/W WP Nos. 15374 of 2015
AND 4 OTHERS
HC-KAR
TRIBUNAL FOR KARNATAKA AT BENGALURU.
IN WP NO. 15378/2015
BETWEEN:
1. J H PRASANNA KUMAR
S/O LATE J R HANUMANTA RAO
AGED ABOUT 48 YEARS
R/O 1086, 8TH CROSS,
SRI RAGHAVENDRA SWAMY MUTT ROAD,
POLICE STATION ROAD,
GIRINAGAR 2ND STAGE,
BENGALURU -560085.
...PETITIONER
(BY SRI. R. ASHOK KUMAR,ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF FINANCE (FINANCIAL SERVICES)
REP BY ITS SECRETARY,
BANKING ADMINSTRATION,
3RD FLOOR, JEEVA DEEP BUILDING,
SANSAD MARG,
NEW DELHI-110001
...RESPONDENT
(BY SMT. ANUPARNA BORDOLOI, CGC)
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NC: 2025:KHC:43053
WP No. 15375 of 2015
C/W WP Nos. 15374 of 2015
AND 4 OTHERS
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO CONSTITUTE AND ESTABLISH A
FULLTIME DEBT RECOVERY APPELLATE TRIBUNAL FOR
KARNATAKA AT BENGALURU.
IN WP NO.15379/2015
BETWEEN:
1. SMT LILLY JOSEPH
W/O JOSEPH RAJ,
AGED ABOUT 51 YEARS,
R/O NO.60, 2ND FLOOR,
POONAM APARTMENTS,
17TH A CROSS, 4TH BLOCK,
4TH STAGE, A.D.HALLI,
BASAWESHWARNAGAR,
BENGALURU-560 079.
...PETITIONER
(BY SRI. R.ASHOK KUMAR, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF FINANCE (FINANCIAL SERVICES),
REP BY ITS SECRETARY,
BANKING ADMINISTRATION
3RD FLOOR, JEEVAN DEEP BUILDING,
SANSAD MAARG,
NEW DELHI-110 001.
...RESPONDENT
(BY SMT. ANUPARNA BORDOLOI, CGC)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
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NC: 2025:KHC:43053
WP No. 15375 of 2015
C/W WP Nos. 15374 of 2015
AND 4 OTHERS
HC-KAR
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT TO CONSTITUTE AND
ESTABLISH A FULL TIME DEBT RECOVERY APPELLATE
TRIBUNAL FOR KARNATAKA AT BENGALURU.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. In these writ petitions, the grievance of the petitioners is to direct the respondent-Union of India to constitute and establish a Full Time Debt Recovery Tribunal for the State of Karnataka.
3. Sri. R. Ashok Kumar, learned counsel for the petitioners places reliance on the judgment of the Hon'ble Supreme Court in the case of Union of India and others vs. Debts Recovery Tribunal Bar Association and Another reported in (2013) 2 SCC 574 and further submitted that learned ASG, had undertaken before the Hon'ble Supreme Court with regard to increase the -8- NC: 2025:KHC:43053 WP No. 15375 of 2015 C/W WP Nos. 15374 of 2015 AND 4 OTHERS HC-KAR number of DRTs /DRADs in the respective States, however, no steps have been take in this regard.
4. Per contra, Smt. Anuparna Bordoloi, learned CGSC for the respondent-Union of India submitted that, the remedy available for the petitioners is to approach the Hon'ble Supreme Court, seeking implementation of the order passed by the Hon'ble Supreme Court in the above case.
5. In the light of the submission made by the learned counsel appearing for the parties, the cause exposed by the petitioners is with regard to providing adequate number of Appellate Tribunal under the provisions of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 along with Allied Rules.
Having gone through the observation made by the Hon'ble Supreme Court in the said case, wherein suggestions have been put forth by the learned ASG and learned Amicus Curie, therein, the Hon'ble Supreme Court at paragraphs 9 and 10 held as under:
-9-NC: 2025:KHC:43053 WP No. 15375 of 2015 C/W WP Nos. 15374 of 2015 AND 4 OTHERS HC-KAR "9. We are pleased to note the positive and forthcoming response of UoI to the suggestions of the learned Additional Solicitor General and the learned amicus curiae. Having taken note of the urgent need to address the abject conditions prevailing in the Tribunals, UoI, has agreed to:
9.1. Provide adequate infrastructure to DRTs/DRATs on the following basis: 9.1.1. If sufficient space as per requirement is available in the government building, then space from the department concerned will be allotted on a permanent basis.
9.1.2. If space is not available in the Government building but sufficient space is available in public sector undertakings' buildings, then DRTs/DRATs may move to the same on a permanent lease/rental basis.
9.1.3. If 9.1.1 and 9.1.2 are not possible, then suitable land may be purchased for construction of a building, or a suitably constructed building may be purchased from public authorities. This may be completed in a phased manner. In the meantime, DRTs and DRATs may continue at their present locations or hire alternative suitable space as per norms.
9.1.4. Further, on the basis of a spot study conducted by the Department of Financial Services
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NC: 2025:KHC:43053 WP No. 15375 of 2015 C/W WP Nos. 15374 of 2015 AND 4 OTHERS HC-KAR on 11-12-2011, the existing space authorisation of 5000 sq ft for DRTs and 3600 sq ft for DRATs was examined. In light of the study and requirements of additional facilities, the same has been increased to 7200 sq ft and 4500 sq ft respectively. In case more than one DRT is accommodated in one building, space would be saved for common facilities such as bar room, consultation chamber, reception, canteen, washrooms, etc. In such a case, the space requirements for the second and third DRT (if located in the same building) may be around 6000 sq ft and 5500 sq ft respectively.
9.1.5. Preference is to be given to buildings where parking facility is provided either within the building premises or in the vicinity.
9.2. Consider the feasibility of establishing more DRTs/DRATs and redefining the jurisdiction of some DRTs on the basis of data showing pendency of cases and existing workload of all the DRTs and DRATs. 9.3. Fill all anticipated vacancies for the posts of senior officers, as and when they arise, with candidates who have already been selected according to the stipulated rules.
9.4. Extend the facility of general pool of accommodation of the type entitled to Group A officers up to April 2013 to the Presiding Officers. In the meantime, the Ministry of Finance and Ministry of
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NC: 2025:KHC:43053 WP No. 15375 of 2015 C/W WP Nos. 15374 of 2015 AND 4 OTHERS HC-KAR Urban Development will examine all issues to finalise modalities for either buying or construction of flats/houses for use of the members of the Tribunals. Further, in case this proposal does not materialise, then the possibility of hiring accommodation shall be considered at the appropriate stage. 9.5. Implement the "e-DRT Project" to automate and improve DRT services by building IT systems as expeditiously as possible.
9.6. Carry out the recruitment of Recovery Officers by promotion, failing which, by deputation, in accordance with the eligibility criteria as defined in the recruitment rules of each DRT. Keeping in mind the profile of the post of a Recovery Officer, it may not be possible to appoint judicial officers of a rank below that of an Additional District and Sessions Judge, as suggested by the learned amicus curiae. However, UoI shall give preference to only those candidates who either have legal experience or hold a degree in law. Further, with respect to improving the selection procedure of Recovery Officers, the Departmental Promotion Committee (DPC), provided for in the recruitment rules, shall be expanded to include the Presiding Officer of any DRT as a member of DPC to take part in the selection of the Recovery Officers. At the same time, the level of representation of Reserve Bank of India in DPC will
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NC: 2025:KHC:43053 WP No. 15375 of 2015 C/W WP Nos. 15374 of 2015 AND 4 OTHERS HC-KAR also be raised from the rank of Deputy Legal Advisor to Joint Legal Advisor, RBI.
9.7. Hold regular training programmes for Recovery Officers/Assistant Registrars/Registrars to give them minimum working knowledge of the procedures followed in DRTs, the provisions of the RDDBFI Act, the SARFAESI Act, the Rules made thereunder, and the provisions of Schedules II and III of the Income Tax Act, 1961.
10. We are confident that the aforementioned measures proposed by UoI, shall go a long way in improving the administration of justice in these Tribunals. We are in agreement with these proposals and hope that they will be implemented efficiently and expeditiously by the authorities concerned. Having said that, it is necessary that the exercise undertaken by this Court must reach its logical end sans any delays and glitches or any other hindrances in the implementation of these suggestions. To this effect, we issue the following directions:
10.1. All the aforementioned proposals and measures agreed upon by UoI in response to the suggestions made by the learned amicus curiae and the Additional Solicitor General shall be implemented expeditiously within a suitable time-frame. In the event that UoI or the authority concerned fails to comply with the aforesaid assurances, it will be open
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NC: 2025:KHC:43053 WP No. 15375 of 2015 C/W WP Nos. 15374 of 2015 AND 4 OTHERS HC-KAR to the learned amicus curiae to bring the same to this Court's notice for appropriate directions. 10.2. Further, we believe that the High Courts are empowered to exercise their jurisdiction of superintendence under Article 227 of the Constitution of India in order to oversee the functioning of DRTs and DRATs. Section 18 of the RDDBFI Act leaves no scope for doubt in this behalf. It reads thus:
"18.Bar of jurisdiction.--On and from the appointed day, no court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority (except the Supreme Court, and a High Court exercising jurisdiction under Articles 226 and 227 of the Constitution) in relation to the matters specified in Section 17."
Article 227 of the Constitution stipulates that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. This power of superintendence also extends to the administrative functioning of these courts and tribunals (Shalini Shyam Shetty v. Rajendra Shankar Patil [(2010) 8 SCC 329 : (2010) 3 SCC (Civ) 338] ). Hence, in light of the above, we expect that all the High Courts shall keep a close watch on the functioning of DRTs and DRATs, which fall within their respective jurisdictions. The High Courts shall ensure a smooth, efficient and
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NC: 2025:KHC:43053 WP No. 15375 of 2015 C/W WP Nos. 15374 of 2015 AND 4 OTHERS HC-KAR transparent working of the said Tribunals. We are confident that through the timely and appropriate superintendence of the High Courts, the Tribunals shall adhere to the rigour of appropriate standards indispensable to the fair and efficient administration of justice."
6. In that view of the matter, I am of the opinion that, it is duty of the respondent-Union of India to comply with the observation made by the Hon'ble Supreme Court at the earliest for effectuate the cause addressed by the petitioners herein at the earliest. In the result, these writ petitions are disposed of.
SD/-
(E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 30