Over 5,000 appeals are pending before the Debt Recovery Appellate Tribunal (Drat) and individuals are rushing to the Bombay high court to seek urgent relief in their matters. As the tribunal's western region chairman has proceeded on medical leave, the additional charge is given to Drat Chennai.
Over 5,000 appeals are pending before the Debt Recovery Appellate Tribunal (Drat) and individuals are rushing to the Bombay high court to seek urgent relief in their matters. As the tribunal's western region chairman has proceeded on medical leave, the additional charge is given to Drat Chennai.
By way of a notification issued on May 6, the additional charge of Drat Mumbai was given to Drat Chennai.
The Drat Mumbai has jurisdiction over Debt Recovery Tribunals in Mumbai, Pune, Auragabad, Nagpur and Ahmedabad. The matter heard by the tribunals is mostly under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Act and the Recovery of Debts Due to Banks and Financial Institutions Act.
While hearing a plaint filed by a doctor couple in seeking directions to restrain a private sector bank from taking physical possession of their house, the Bombay high court was informed about the chairperson having proceeded on leave. Chairperson A Armugha Swamy, a retired justice, is on leave since April.
Advocate Nirmal Devnani, who regularly appears before the authority, said: "Of course, it causes inconvenience. There is always a back hand threat that the bank might take some action if there is no restraining order by the tribunal."
Secretary of the Debt Recovery Tribunal Bar Association Mangesh Patel said, "It is only urgent matters that are being heard by Drat Chennai. As regards to the regular appeals, they are being adjourned as the chairperson is on leave. A few years back, the association has also passed a resolution considering that most lawyers are on leave during the summer vacation, the matters before Drat should be adjourned beyond the vacation."
"It is not for the first time that matters are assigned to Drat Chennai. Earlier too, when the post was vacant, the charge was given to Kolkatta and Delhi Drat. However, it's only matters which need
an urgent hearing go there," said Devnani.
The advocates practising at Drat said it takes more than four weeks to ensure that the matter is circulated to the bench having additional charge.
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