Tribunals in Delhi are non-functional. The petitioner seeks
directions for the appointment of the Presiding Officer of DRT-II.
6. On 16.08.2022, the Department ... DRT-
III also, who held additional charge of DRT-II, has since submitted his
resignation, which would render only one DRT functional.
8. The court
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 ... many years to come. Additional
charge of the non-functional DRT at Delhi has been given to other
DRTs in Jaipur, Chandigarh, Allahabad and Aurangabad
hearing of
pending cases before DRT-II, Delhi. The petitioner contends that
despite repeated applications being filed to DRT, the applications are
not being taken ... Delhi, of which presently, only
two are functional. The load of the non-functional DRT is sometimes
shared by the two functional DRTs
submit that the parties whose
cases are listed before the non-functional DRT-I are virtually
remediless as their cases are not being taken ... impleaded as R-2 for
the aforesaid limited purpose of making DRT-I functional as soon as
possible. Let an Amended Memo of Parties
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 ... parties submit that those whose cases are listed
before the non-functional DRT-I are virtually remediless as their
cases are not being taken
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 ... 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
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
under:-
Prior to the Gazette Notification dated 04.10.2022
DRT-I, Delhi DRT-II, Delhi DRT-III, Delhi
Total number of 8104 4156 4634
cases
Total ... DRT-I, 0 0
Chandigarh
DRT-II, 16 2454.49
Chandigarh
DRT-III, 29 11122.81
Chandigarh
DRT, Jaipur 01 943.49
After the above Gazette notification, DRTs
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
2019 titled DRT Bar
Association and Anr. Vs. Union of India and Ors. in which the issue of
poor maintenance of the DRT premises ... Sanjeev Bhandari, the learned Amicus Curiae,
submits that presently DRT-II is not functioning and its
additional charge has been handed over to the DRT
