Punjab-Haryana High Court
Jawala Trading Company And Others vs Reserve Bank Of India And Others on 30 September, 2024
Author: Lisa Gill
Bench: Lisa Gill
Neutral Citation No:=2024:PHHC:129833-DB
1
CWP-25240-2024
117 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CWP-25240-2024
Date of Decision: September 30, 2024
JAWALA TRADING COMPANY AND OTHERS ..... Petitioners
Versus
RESERVE BANK OF INDIA AND OTHERS ..... Respondents
2. CWP-25295-2024
SHIVAM AGGARWAL AND ANOTHER ..... Petitioners
Versus
YES BANK LIMITED AND OTHERS ..... Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present: Mr. Ashwani Talwar, Advocate
for the petitioners (in CWP-25240-2024).
Mr. Sanjiv Gupta, Advocate
for the petitioners (in CWP-25295-2024).
Mr. Satya Pal Jain, Additional Solicitor General of India with
Mr. Dheeraj Jain, Senior Panel Counsel for UOI.
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LISA GILL, J.
1. This order shall dispose of two writ petitions i.e. CWP Nos. 25240 and 25295 of 2024.
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2. It is submitted that necessity to file these writ petitions has arisen because learned DRT-II is not functional. Earlier additional charge of learned DRT-II had been given to learned DRT-I, which was considering the matters in accordance with law. However, since 14.08.2024 till today, neither Presiding Officer has been appointed to discharge the function of learned DRT-II nor has additional charge of learned DRT-II given to learned DRT-I been extended. Learned counsel for petitioners refer to order dated 04.09.2022 passed by Co- ordinate Bench in CWP-21489-2024 wherein petitioners therein have been afforded protection from coercive steps for a period of 15 days after learned DRT-II resumes functioning.
3. Keeping in view the situation as above, we have called upon Mr. Satya Pal Jain, Additional Solicitor General of India to apprise the Court as to when learned DRT-II shall become functional. Mr. Jain informs that proposal for extension of additional charge of learned DRT-II to learned DRT-I has been sent in August itself to Cabinet Committee for Appointments but approval is still awaited. No specific timeline is available. He prays for some time to seek instructions in this regard.
4. At this stage, we take note of the piquant situation which has arisen due to non-functioning of learned DRT-II leading to a flood of writ petitions by adversely affected parties before this Court with no timeline available to indicate when learned DRT-II shall become functional. In the peculiar circumstances as above and in order to obviate unnecessary delays and difficulties to affected litigants, it is directed that earlier arrangement where additional charge of learned DRT-II had been given to DRT-I shall continue till 2 of 3 ::: Downloaded on - 03-10-2024 23:21:53 ::: Neutral Citation No:=2024:PHHC:129833-DB 3 CWP-25240-2024 the next date of hearing or any decision taken by Cabinet Committee for Appointments, whichever is earlier.
5. In the present writ petitions, SA has already been filed by petitioners which needless to say shall be taken up by learned DRT-I now, calling for no further orders by this Court. Parties are at liberty to raise all pleas available to them before said Forum. Liberty is afforded to petitioners to file appropriate application before learned DRT-I for hearing of both these matters, which we are sanguine will be taken up in accordance with the urgency which may be projected before learned DRT.
6. Both the writ petitions are disposed of accordingly.
7. Put up on 05.11.2024 for the limited purpose of being apprised of the decision of Cabinet Committee for Appointments.
8. Copy of writ petitions be supplied to Mr. Satya Pal Jain, Additional Solicitor General of India by the Registry of this Court.
(LISA GILL)
JUDGE
(SUKHVINDER KAUR)
September 30, 2024 JUDGE
Rts
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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