UCO BANK Vs. COMMERCIAL TAX OFFICER, MADANGANJ

JUDGEMENT

(1.) Instant writ petition has been filed under Article 227 of the Constitution of India to challenge the order dated 19-12-2012 passed by the D.R.A.T., Delhi in Appeal No. 158/2011 whereby the order dated 21-1-2011 passed by the D.R.T., Jaipur in Appeal No. 34/2004 was upheld.

(2.) At the threshold, I have examined the maintainability of the writ petition filed under Article 227 of the Constitution of India and, for that purpose, after hearing learned counsel for the petitioner, it emerges from the facts that in the judgment rendered by the Hon'ble Supreme Court in Civil Appeal Nos. 617/618 of 2013, arising out of SLP (C) Nos. 22808-22809 of 2010, the Hon'ble Supreme Court passed an order on 22-1-2013 in the case of Union of India v. Debt Recovery Tribunal Bar Association, 2013 AIR(SCW) 927) in which, while considering Section 18 of the RDDBFI Act held that Article 227 of the Constitution of India stipulates that every High Court shall have superintendence over all Courts and tribunals throughout the territories interrelation to which it exercise jurisdiction. This power of superintendence also extends to the administrative functioning of these Courts and tribunals.

(3.) While observing the above, certain directions were issued by the Hon'ble Supreme Court that all the High Courts shall keep a close watch on the functioning of DRTs and DRAT which fall within their respective jurisdiction and ensure smooth, efficient and transparent working of the said Tribunals. The adjudication made by the Hon'ble Supreme Court in the aforesaid order reads as under:-