LAWS(PAT)-2016-8-113

DEBTS RECOVERY TRIBUNAL ADVOCATE ASSOCIATION PATNA, THROUGH ITS PRESIDENT SRI SHAMBHU NATH CHOUBEY S/O LATE RAM DAHIN CHOUBEY RESIDENT OF 402 Vs. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP, 10 SANSAD MARG, NEW DELHI

Decided On August 16, 2016
Debts Recovery Tribunal Advocate Association Patna, Through Its President Sri Shambhu Nath Choubey S/O Late Ram Dahin Choubey Resident Of 402 Appellant
V/S
The Union Of India, Through The Secretary, Ministry Of Finance, Department Of Financial Services, Jeevan Deep, 10 Sansad Marg, New Delhi Respondents

JUDGEMENT

(1.) Debts Recovery Tribunal Advocate Association, Patna, have preferred this application, under Art. 226 of the Constitution of India, in the shape of public interest litigation, seeking direction upon Union of India to shift the place/seat of functioning of Debts Recovery Tribunal (hereinafter referred to as the DRT) to more convenient place, in the light of an undertaking given by them before Supreme Court in the case of Union of India and Ors. Vs. Debts Recovery Tribunal Bar Association and Anr. reported in (2013) 2 SCC 574.

(2.) The Debts Recovery Tribunal, at Patna, has been functioning since Jan., 1997, and before allotment of the space by the Union of India, from whether it is functioning presently, the Tribunal functioned from different rented premises. Grievance of DRT Bar Association that DRTs have not been provided with adequate space for their proper functioning, throughout the country, DRT Bar had travelled up to the Supreme Court. Government of India appears to have agreed before the Supreme Court that the Tribunals would be given sufficient adequate space for their proper functioning having an area of, at least, 8000 sq. feet.

(3.) At present, the DRT, Patna, has been allotted a space, in newly constructed building owned by Government of India at Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Rajiv Nagar, Ashiana-Digha Road, Patna.