want of prosecution vide order
Annexure P-8. The DRT-III should have issued notice to the petitioner with
regard to pendency ... India can
always interfere in such like illegal orders passed by DRT functioning within
the territorial jurisdiction of this Court. In the given circumstances
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
time when concerned Debt Recovery Tribunal (for short
DRT) was not functional as Presiding Officer had not been appointed.
Petitioner ... necessitated as
concerned DRT was not functional. Admittedly, as of now DRT is
functional. In this view of the matter, all three writ petitions
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
DRT-
III. The learned Single Judge also took note of the fact
that the DRT-I and DRT-III had started functioning from
28th February ... DRT-III was not functioning and is still not
functioning, therefore, the appellant does not have a
remedy before the DRT and that the appellant
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
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
loan accounts. Thereafter, said actions of
respondents have been challenged before the DRT, Jabalpur by filing individual
and independent ... 2021 under Section 17
of the SARFAESI Act. Due to non-functioning of DRT, the said applications
have not been decided
2022 under Section
17 of the SARFAESI Act. Due to non-functioning of DRT, the said application
has not been decided
Tribunal ("the DRT" for short) has adjourned the matter to
June-2023 and the DRT is now not functioning, the
petitioner is entitled ... orders at the hands of DRT. The petitioner
cannot take advantage of the fact that, the DRT is not
functioning. If the order passed under
