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NAJMI WAZIRI, SUDHIR KUMAR JAIN
Rajesh Shukla – Appellant
Versus
Uco Bank – Respondent
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. In terms of an ex-parte order dated 31.01.2019 passed by the Debt Recovery Tribunal-II (DRT-II), the petitioners have been held jointly liable for payment of certain monies to the Bank. The petitioners' application seeking review of the said order is pending before the concerned DRT. Since DRT-III was not functional at that time, this petition was preferred.
2. The learned counsel for the parties submits that they will approach the DRT concerned for urgent hearing of the case. The parties will request the DRT to take up the matter and dispose it off in an expedited manner.
3. In view of the above, till such time that the petitioners' application is taken up. Status-quo shall be maintained.
4. The petition is disposed-off in the above terms.
The court's decision emphasized the importance of approaching the concerned tribunal for urgent hearing and disposal of the case, while maintaining status-quo in the interim.
Courts may direct expedited consideration of urgent applications when physical possession of property is imminent.
The court emphasized the need for sufficient evidence to establish claimed amounts and held that liability cannot be fastened on a mere assumption.
The court's decision emphasized the principle that no recovery liability can be fastened upon the petitioner until the proceedings have been exhausted, and the petitioner's right to pursue remedies w....
Courts can issue directions for urgent relief when the functioning of tribunals is delayed.
Orders made by Debts Recovery Tribunal are appealable under Section 20 of the Recovery of Debts and Bankruptcy Act, prohibiting judicial intervention absent exhaustion of statutory remedies.
High Court dismisses petition directing party to pursue remedies in functioning Debt Recovery Tribunal.
The Debt Recovery Tribunal has limited jurisdiction and cannot adjudicate complex issues like fraud and fabrication without a full trial.
A petitioner may withdraw their appeal when a previous order exists, leading to dismissal of the application.
The writ petition became infructuous after the petitioner approached the Debts Recovery Tribunal as directed.
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