Delhi High Court - Orders
Indu Kapoor vs Au Small Finance Bank & Anr on 23 November, 2022
Author: Najmi Waziri
Bench: Najmi Waziri
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14316/2022&CM APPL. 43727/2022
INDU KAPOOR ..... Petitioner
Through: Ms. Namrata Parashar and Mr. Gaurav
Srivastava, Advs.
versus
AU SMALL FINANCE BANK & ANR. ..... Respondents
Through: Mr. Sanjeev Bhandari, Adv. (Amicus
Curiae).
Mr. Vishnu J. Adv. for Mr.
Samarendra Kumar, Adv. for R-1.
Mr. Kirtiman Singh, CGSC with Ms.
Vidhi Jain, Adv. for UOI.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 23.11.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The learned Amicus Curiae states that the public facilities available at the DRT are in state of abject despair. He seeks to file photographs of the same. Let the same be done and a copy of the same be supplied to Mr. Kirtiman Singh, the learned CGSC.
2. As noted in the previous order, this petition seeks transfer of case from DRT-I to DRT-III so that the case can be heard expeditiously. In some other cases also, similar relief of transfer had been sought and the cases were transferred for adjudication to DRT- Jaipur. Even DRT, Allahabad was entrusted with additional charge of DRT-I, Delhi. Such additional entrustment of cases to the already Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:12.12.2022 11:33:12 existing number of pending cases, before the functional DRTs would add to the work load on the Tribunal and possibly in delay in adjudication.
3. The court is informed that ordinarily over 100 cases were being listed before any DRT in Delhi even before the DRT at Allahabad. There would be no dispute to the fact that substantive disposal of cases would be impeded if simply the listed 100 cases were to called out, only to be adjourned due to paucity of time. An affidavit has been filed on behalf of the respondent no.3, Department of Financial Services, Ministry of Finance Government of India specifying the total number of pending cases and their corresponding monetary value before each of the three DRTs in Delhi as under:-
"...2(i). The total number of pending cases along with quantum of money involved before the DRTs in Delhi as per data available in e-DRT system is mentioned below:-
S.No. Name of DRT OA Pending as on 14.11.2022 Number of cases Amount (Rs. In crore) 1 DRT-1 Delhi 6129 20278.92 2 DRT-2 Delhi 3247 25541.07 3 DRT-3 Delhi 2566 355836.27 Total 11942 401656.26
4. What is evident from the above is that the large pendency needs to be addressed, in the first instance, by ensuring that the vacancies are promptly filled up so that the claimed monies are freed-up to be made freely available in the stream of commerce for the augmentation of the economy. It cannot be possible for DRT-I, II Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:12.12.2022 11:33:12 &III having 6129, 3247 and 2566 cases respectively, to dispose of the cases in the six months' time which is envisaged under the section 19(24) of Recovery and Debts and Bankruptcy Act, 1993 and three months' time which is envisaged under section 17(5) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Act.
5. The data submitted by the Registrar, DRAT under the directions of this court on 22.11.2020 shows the pendency before the three DRTs as under:-
Prior to the Gazette Notification dated 04.10.2022 DRT-I, Delhi DRT-II, Delhi DRT-III, Delhi Total number of 8104 4156 4634 cases Total amount 186375.82 214028.58 97458.20 involved (Rs. in Cr.) "...As per the above notification, DRT-III, Delhi has been directed to try the cases of above Rs.100 crores and as per the data available, approx. total number of cases (OA/SA) of above Rs.100 crores will be 718 involving Rs.424025.41 crore.
DRT- wise list of total number of pending OAs and SAs of Rs. 100 Crores and above at different DRTs under the jurisdiction of DRAT, Delhi.
No. of Cases Amount
(Rs. in Cr.)
DRT-I, Delhi 13 4274.23
DRT-II, Delhi 09 2210.82
DRT-III, Delhi 650 403019.56
Signature Not Verified
Digitally Signed
By:ARUNA KANWAR
Signing Date:12.12.2022
11:33:12
DRT-I, 0 0
Chandigarh
DRT-II, 16 2454.49
Chandigarh
DRT-III, 29 11122.81
Chandigarh
DRT, Jaipur 01 943.49
After the above Gazette notification, DRTs are in the process of transferring the cases to the respective DRTs in the light of change of jurisdiction and the exact figure can be ascertained only after completion of the process of transfer."...
6. The number of Tribunals, presently functioning would need to be augmented to facilitate quicker disposal of roughly about 17,000 cases (16,894 to be precise), pending before the three DRTs in Delhi.
7. The notification dated 04.10.2022 has been stayed by the Bombay High Court in W.P (C) 11164/2022 on 17.11.2022, therefore, in the first instance, the pendency of number of cases before the DRT-I, II & III will be taken as figures mentioned in the report from the Registrar, DRAT, Delhi. The pendency of cases is about 17,000 and for a claim value of Rs.497,861 lakh crores (USD 62 billion). With these figures in mind and in the larger public interest, the Government may consider urgently augmenting the number of Tribunals and equip them with adequate infrastructure to function efficiently and to discharge their duties.
8. Mr. Sanjeev Bhandari, the learned Amicus Curiae, submits that presently DRT-II is not functioning and its additional charge has been handed over to the DRT-III, thus doubting the pendency Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:12.12.2022 11:33:12 before the DRT-III to 8790 cases. Let the matter be examined by the Ministry of Finance apropos filling up of the vacancies as well as creation of additional DRTs. The learned Amicus Curiae submits that looking at the number of pending cases and fresh cases being filed, it would be in the fitness of things that at least 10 DRTs be made functional in Delhi. He submits that space available on the third floor of the same building where the present DRTs are functioning i.e., 4thFloor, Jeevan Tara Building, Sansad Marg, Janpath, Connaught Place, New Delhi, Delhi 110001, the new DRTs if created could be located in the said vacant space.
9. Let the matter be examined by the Government, remedial measures be initiated in right earnest and a report be filed before the next date.
10.List on 20.12.2022.
NAJMI WAZIRI, J VIKAS MAHAJAN, J NOVEMBER 23, 2022/dss/ss Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:12.12.2022 11:33:12