petitioner has filed proceedings before the DRT-III, Delhi, only on
11.11.2021. The DRT, Jaipur is the only functional DRT within the
jurisdiction ... seek expeditious disposal of the
proceedings by the DRT-III, Delhi when the DRT resumes
functioning either by appointment of a Presiding Officer
13231/2021 Page 2 of 4
NAGPAL
is the only functional DRT within the jurisdiction of the DRAT, Delhi so
that the parties ... Presiding Officer in the concerned DRT,
or assignment of the charge to another DRT, the Petitioners may
approach the DRT for expeditious hearing of their
2006 of DRT-III and
transferred to DRT-1. Mumbai for final disposal.
It is intimated that DRT functions on the basis of RDDBFI ... under: -
"The reply provided by the CPIO that "DRT functions on the basis of
RDDBFI Act, Rules and DRT Regulations made thereunder. Since
without further
issuance of notice, subject to any orders passed by the DRT
on the petitioners' application in terms of this order ... view that the transfer of the proceedings to a functional
DRT would be consistent with this approach of the Supreme Court rather
than entertaining
seeking transfer of the proceedings from DRT-II, Delhi to a
functional DRT. However, by virtue of a notification dated 29.10.2021
issued by the Department ... dated
06.11.2021 pending before the DRT-II, Delhi is transferred to the DRT,
Jaipur [which is the only functional DRT under the jurisdiction
Tribunal ["DRAT"] for transfer of the proceedings to
a functional DRT in exercise of powers conferred upon the Chairperson
of the DRAT under ... 12811/2021 Page 2 of 6
functional DRT rather than entertaining petitions under Article 226 of the
Constitution on merits. In my view, such
states that
the petitioners have already approached the Debts Recovery Tribunal
["DRT"] under Section 17 of the SARFAESI Act. However, they have
been ... Debts and Bankruptcy Act, 1993, for transfer of
proceedings to a functional DRT on the ground of urgency. A copy of the
order
which the office of the Recovery Officer attached to the DRT functions. The property is sought to be frittered away at a much lower price
from
DRTs in Delhi to DRT, Jaipur [which is the only functional DRT within
the jurisdiction of DRAT, Delhi], in exercise of powers under Section ... notice to the petitioners.
f. In the event the DRT, Delhi is still non-functional, as of
31.12.2021, the petitioners will be at liberty
before the DRT on 5th
October, 2021 but the same could not come up for hearing on account of the
DRT not functioning ... petition is being entertained only on account of the non-
functioning of the DRT and the urgency of the relief sought. Therefore in
the facts
