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Showing contexts for: FUNCTIONING OF DRT in Icici Bank Ltd vs Jyoti And Others on 6 December, 2021Matching Fragments
3. Ms. Chetna Bhalla, learned counsel for the Bank, submits that the vehicle is lying in the custody of the Bank, and its value will depreciate further if urgent measures are not taken for its sale.
4. As the DRTs and the Debts Recovery Appellate Tribunal ["DRAT"] in Delhi are without Presiding Officers, and a Chairperson respectively this Court has had occasion to consider several petitions for relief which would normally lie before the DRT. In certain cases, on account of urgency, the Court has also transferred proceedings to a functional DRT in exercise of the power under Section 17A(2) of the Recovery of Debts and Bankruptcy Act, 1993 ["RDB Act, 1993"]. The provision of Section 17A(2) of the RDB Act requires proceedings to be transferred to another DRT, within the jurisdiction of the DRAT, Delhi. The only functional DRT within the jurisdiction of the DRAT, Delhi is the DRT, Jaipur, which is handling urgent work of all the three DRTs in Delhi in addition to the cases pending before the DRT, Jaipur.
8. The writ petition is, therefore, disposed of with liberty to the Bank to approach the concerned DRT for expeditious hearing of its application, upon appointment of the Presiding Officers or entrustment of additional charge to any other Presiding Officer. In the event no arrangements have been made in respect of the concerned DRT even in the next three months, the petitioner may approach the DRAT or this Court for transfer of the proceedings to a functional DRT, or for such other relief as it may be entitled to in law."
2. The situation in the present cases is not materially different. The Debts Recovery Tribunal ["DRT"] is required to take a considered decision on the petitioner's pending applications. As stated in the aforesaid order, having regard to the position that the DRT, Jaipur is the only functional DRT to which these cases can be transferred, I am of the view that it would be appropriate for the petitioner to await appointment of Presiding Officers in the DRTs in Delhi.