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Indu Kapoor vs Au Small Finance Bank & Ors on 10 October, 2022

Author: Najmi Waziri

Bench: Najmi Waziri

                          $~21
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P. (C) 14316/2022 & CM APPL. 43727/2022
                               INDU KAPOOR                                       ..... PETITIONER
                                                 Through: Mr. Gaurav Srivastava, Adv.
                                                 versus
                               AU SMALL FINANCE BANK & ORS.              ..... RESPONDENTS
                                                 Through: Mr. Samarendra Kumar, Adv. for R-
                                                            1.
                                                            Mr. Kirtiman Singh, CGSC with Ms.
                                                            Vidhi Jain, Adv.
                               CORAM:
                               HON'BLE MR. JUSTICE NAJMI WAZIRI
                               HON'BLE MR. JUSTICE VIKAS MAHAJAN
                                                 ORDER

% 10.10.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. The petitioner seeks transfer of her case from the DRT- I to DRT- III because the former forum is not functional since January 2019.

2. In the interim, the DRT Allahabad has been holding charge of DRT-I, Delhi.

3. The court is informed that on any given day approximately 80 cases each are listed before the DRT-I, II & III each. The learned counsel for the parties submit that those whose cases are listed before the non-functional DRT-I are virtually remediless as their cases are not being taken up for disposal, and it is causing them immense hardship.

4. Apart from the afore-noted hardships and grievances of countless parties, the non-functioning of the DRT is only adding to the workload pressure upon the only two functional DRTs in Delhi.

This needs to be remedied. Under Article 227 of the Constitution of India, this court has the jurisdiction of supervision over Tribunals within the NCT of Delhi.

5. Looking at the facts of the case, the Government of India would be a necessary party and accordingly, the UOI through the Ministry of Finance, Department of Financial Services, is impleaded as R-3 for the aforesaid limited purpose of making DRT-I functional as soon as possible. The issue of delay is a matter of concern for all parties. Let an Amended Memo of Parties be filed within a week.

6. Issue notice to the newly added R-3. Mr. Kirtiman Singh, learned CGSC is directed to accept notice. He seeks and is granted time to obtain instructions and file an affidavit within four weeks, apropos remedying the situation.

7. List for further proceedings on 14.11.2022.

NAJMI WAZIRI, J VIKAS MAHAJAN, J OCTOBER 10, 2022/dss Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:13.10.2022 11:17:56