Delhi High Court - Orders
Jitender Kumar vs Punjab National Bank & Anr on 5 April, 2023
Author: Najmi Waziri
Bench: Najmi Waziri, Sudhir Kumar Jain
$~1, 2, 15 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
1
+ W.P.(C) 476/2023 & CM APPL. 1866/2023
JITENDER KUMAR ..... Petitioner
Through: Mr. Sanjeev Bhandari, Advocate
(Amicus Curiae).
Mr. Sanjeet K. Trivedi and Mr.
Hemant Gupta, Advocates for
petitioner.
versus
PUNJAB NATIONAL BANK & ANR. ..... Respondents
Through: Mr. Santosh Kumar Rout, Mr.
Abhishek Chakraborty and Mr.
Pawan Kumar Dhiman, Advocates for
PNB.
Mr. Mohinder Singh and Mr. Ankur
Goel, Advocates for LIC.
Mr. R.Y. Kalia, Advocate for
respondent.
Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh and Mr. Akash Mishra,
Advocates for UOI.
2
+ W.P.(C) 1474/2023 & CM APPL. 5535/2023
KOTAK MAHINDRA BANK LIMITED ..... Petitioner
Through: Mr. Ravi Gupta, Sr. Advocate with
Ms. Sanya Lamba and Mr. Sachin
Jain, Advocates.
Signature Not Verified
Digitally Signed By:KAMLESH
KUMAR
Signing Date:11.04.2023
10:36:46
versus
MR.BHAVINDERSINGHKHURANA & ANR. ..... Respondents
Through: Mr. Gagan Chhabra , Advocate.
15
+ W.P.(C) 14316/2022 & CM APPL. 43727/2022
INDU KAPOOR ..... Petitioner
Through: Mr. Sanjeev Bhandari, Advocate
(Amicus Curiae).
Mr. Gaurav Srivastava and Ms.
Namrata Parashar, Advocates.
versus
AU SMALL FINANCE BANK & ANR. ..... Respondents
Through: Mr. Vishnu, Advocate for Mr.
Samvendra Kumar, Advocate for AU
Small Finance Bank.
Mr. Kirtiman Singh, CGSC along
with Ms. Vidhi Jain, Advocate for
UOI
17
+ W.P.(C) 1532/2023 & CM APPL. 5815/2023
KOTAK MAHINDRA BANK LIMITED ..... Petitioner
Through: Mr. Ravi Gupta, Sr. Advocate with
Ms. Sanya Lamba and Mr. Sachin
Jain, Advocates.
versus
BHAVINDER SINGH KHURANA & ANR. ..... Respondents
Through: Mr. Gagan Chhabra , Advocate.
Signature Not Verified
Digitally Signed By:KAMLESH
KUMAR
Signing Date:11.04.2023
10:36:46
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 05.04.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The learned Amicus Curiae submits that work apropos Second Phase, as mentioned in the order dated 16.02.2023, has been completed. Work apropos Third Phase is underway. It is likely to be completed within the time schedule given by the Department of Financial Services, Ministry of Finance (R-3). He further informs the court that the DRT Presiding Officers are using the rooms of Recovery Officers as their retiring rooms/chambers, during the recess hours. However, in case the Recovery Officer's rooms are occupied, then they have no place to go to for rest or a break. The facilities for Presiding Officers and the Registrars are inadequate which need to be looked into urgently. Mr. Kirtiman Singh, the learned CGSC submits that the matter shall be given prompt attention and an endeavour would be made to put remedial measures in place within ten days. Let it be so done.
2. The learned Amicus Curiae also submits that files of pending cases as well as disposed-off cases occupy a lot of space in the DRT, therefore, some lasting solution needs to be found immediately. Let the Administrative Ministry file an affidavit before the next date apropos efforts put in place for digitization of records as well as for Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:11.04.2023 10:36:46 operationalizing of the current e-filing facility. After all it is now an accepted norm that digitization of records is the way forward for freeing-up precious office space. Also utility of filing of physical copies would be examined, when e-filing of petitions has been permitted and/or operationalized at the DRTs.
3. Of the three DRTs in Delhi, only two are functional currently. Now one more Presiding Officer is stated to have put in his papers because of his appointment in another Tribunal. This would leave only one functional DRT with the pendency of over 17,000 cases of all DRTs. The frequent vacancy arising in the DRT is an issue which needs consideration by R-3 and practical solution has to be found at the earliest. The learned Amicus Curiae submits that frequent vacancy is possibly because of the disproportionate remuneration offered to the DRT Presiding Officers vis-a-vis the other Tribunals.
4. The learned Amicus Curiae seeks to submit a note in this regard. Let the same be filed before the next date. A copy of the same be supplied to Mr. Kirtiman Singh, the learned CGSC for R-3, for him to obtain instructions.
5. Re-notify on 19.04.2023.
NAJMI WAZIRI, J SUDHIR KUMAR JAIN, J APRIL 5, 2023 SS Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:11.04.2023 10:36:46