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
been taken by respondent
no.4 to ensure proper functioning of DRT-II, Chandigarh. In
our considered opinion, long adjournments being given in the
matters ... thereto.
23. Immediate concern of this Court is to ensure proper
functioning of DRT-II, Chandigarh, because existing stalemate
between members of petitioner Association
same provided for the
jurisdiction only of the DRT where the applicant was functioning as a Bank
or Financial Institution but after amendment, the same ... provide for the jurisdiction not only of the DRT where the applicant is
functioning as a Bank or Financial Institution but also of the DRTs
well be agitated and tried before the DRT. It is further
submitted that this defence has been taken only to block and delay the
recovery ... Section 34 thereof would be totally frustrated, making the DRT‟s
functioning absolutely redundant. It is submitted that there is nothing
in the present case
respondent/borrower before the DRT, Delhi. The case got transferred
to DRT, Jaipur on 10.11.2021 because no DRT was functioning in
Delhi as of that ... following day i.e. on
11.11.2021. However, since the Presiding Officer at DRT, Jaipur was
on leave, it could not be taken up on that
kind of a
criticism of the manner in which the DRT-3 is functioning
and that the Court merely is calling for a report ... respondent
advanced before Hon'ble High Court is concerned about
functioning of DRT 3 on early hearing petitions for interim
relief and apparently
kind of a
criticism of the manner in which the DRT-3 is functioning
and that the Court merely is calling for a report ... respondent
advanced before Hon'ble High Court is concerned about
functioning of DRT 3 on early hearing petitions for interim
relief and apparently
pending
adjudication before the Recovery Officer (RO-II) functioning under the
DRT, Delhi.
4. The Respondent on 1st February, 2018 filed an application for execution ... other officers and other
employees of the DRT "shall discharge their functions under the general
superintendence of the Presiding Officer". He accordingly submits
that extent
it discharges the judicial functions of the State, inasmuch as the DRT/DRAT decide the „lis‟
between the Banks/Financial Institutions and their
DRT Act 1993, which stipulates enquiry by a High
Court Judge. Further Section 34 of the DRT Act gives overriding effect to
the DRT ... judicial functions are concerned, the same shall be
free from executive interference. Separation of judicial functions form the
executive functions has been held