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DRAT chief post issue: Nothing is made in India except delay, Bombay High Court fumes

A division bench of justices S C Dharmadhikari and Dr Shalini Phansalkar Joshi expressed surprise at the statement made by additional solicitor general Anil Singh, who had stated that the chairperson of DRAT Kolkata will also take care of Mumbai DRAT.

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Taking a sharp dig at the working of the Union Ministry of Finance (MoF) for not processing the files related to appointment of permanent Debt Recovery Appellate Tribunal (DRAT) chairperson, the Bombay High Court on Monday observed, "Nothing is made in India expect this."

A division bench of justices S C Dharmadhikari and Dr Shalini Phansalkar Joshi expressed surprise at the statement made by additional solicitor general Anil Singh, who had stated that the chairperson of DRAT Kolkata will also take care of Mumbai DRAT.

"This is indeed a dismal state of affairs. The government keeps assuring of filling the vacancies but that does not seem to be happening," the bench said. Singh also informed the court that files for appointing the Mumbai DRAT chairperson were with the senior-most officers and will be cleared at the earliest.

The bench has now asked the Union government to finalise the DRAT Mumbai chairperson within a reasonable time limit. It has also asked the government to request the Kolkata DRAT chairperson to visit Mumbai for at least 10-15 days at a go, to help reduce pendency of appeals.

After being fed up with MoF's unfulfilled promises regarding the matter, the court had on June 25 summoned the ministry's secretary, with clear instructions about filling vacancies and setting up an alternate DRAT in Mumbai. The court had then said, "Once you delay cases by not filling vacancies at DRT and DRAT in the commercial capital of India, international investors are cautioned. This approach does not go down well and is completely inconsistent with carrying of proper work."

DRAT hears cases under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Act, and the Recovery of Debts Due to Banks and Financial Institutions Act. The position of its chairperson is lying vacant for the last few months.

For over a year now, the high court has been asking the ministry to appoint two DRAT chairpersons in Mumbai, so that if one resigned or proceeded on a leave, the other could handle the cases. The court has now posted the matter for further hearing on August 4.

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