JAIPUR DRT BAR ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) JAIPUR DRT Bar Association (petitioner) through its Secretary Shri Rajendra Sharma Advocate espousing the cause of Advocates practising before the Debt Recovery Tribunal (for short "drt"), JAIPUR, has filed this writ petition as Public Interest Litigation, seeking writ, order or direction to- (1) quash the office order dated 18. 04. 2000 (Annex. 2) issued by the Registrar, Debts Recovery Appellate Tribunal (for brevity "drat"), Bombay, including the direction issued by the Chairperson of the DRAT to the Presiding Officer of the DRT JAIPUR; (2) restrain the Presiding Officer of the DRT JAIPUR for transferring the Original & Misc. Applications and the Execution Proceedings pending before the DRT JAIPUR to the DRT Chandigarh pursuant to the directions of the DRAT Bombay or office order dated 18. 04. 2000 (Annex. 2); and (3) direct the Presiding Officer of the DRT JAIPUR to dispose of the cases in accordance with law.

(2.) AN interim relief was also sought for staying the operation of the impugned order dated 18. 4. 2000 (ANnex. 2) of the Registrar, DRAT Bombay including directions issued by the Chairperson of the DRAT to the Presiding Officer of the DRT Jaipur. Interim relief in similar nature as prayed for in prayer clause (2) (supra) in writ petition was also sought.

(3.) SHRI Kuhad also contended that once the DRAT at Delhi has been constituted, the DRAT at Mumbai has no jurisdiction to issue directions for transfer of pending cases from DRT Jaipur to Chandigarh in view of sub sec. (2) of Sec. 17a of the Act which contemplates that only the Chairperson of an Appellate Tribunal having jurisdiction over the Tribunals (DRT) has such power or authority to consider applications for trans- fer or may pass an order on his own motion. SHRI Kuhad then contended that Sec. 17 of the Act does not confer any power on the Tribunals to transfer cases, inasmuch as it contemplates that a Tribunal shall exercise, on and from the appointed date, jurisdic- tion, power and authority to entertain and decide applications from the Banks and Fin- ancial Institutions for recovery of debts due to such Banks and Institutions. Therefore, according to SHRI Kuhad, the Tribunal (DRT) constituted at Chandigarh can consider only such applications filed before it from the appointed date which evidently means and implies that it has no power to consider to recall by transfer any case pending before the Tribunal prior to establishment of new Tribunal (DRT) at Chandigarh.