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2024 Supreme(All) 1719

SANGEETA CHANDRA, SHREE PRAKASH SINGH
Debt Recovery Tribunal Bar Association Thru. Its Secy. Arvind Kumar Srivastava – Appellant
Versus
Union of India Ministry of Finance, Deptt. of Financial Services Thru. Secy. – Respondent


Advocates appeared:
For the Petitioner: Anuj Kudesia.
For the Respondent: A.S.G.I.,Apoorva Tewari, Gaurav Mehrotra.

JUDGMENT

Heard Shri. Asit Chaturvedi, learned Senior Advocate assisted by Shri. Anuj Kudesia, and Shri. Prashant Kumar Srivastava, for the petitioners in Writ-C No.7725 of 2022 and the learned Deputy Solicitor General of India, Shri. S.B. Pandey, Senior Advocate assisted by Shri. Anand Dwivedi, for the Opposite party nos.1 and 2, the Union of India and Shri. Gaurav Mehrotra, and Ms. Ritika Singh, appearing for the Opposite party no.3 and Shri. A. H. Khan, Presiding Officer, DRT, Lucknow, who appears in person.

2. This writ petition has been filed by the petitioners for the following main prayer:-

    "1) issue a writ, order or direction in the nature of Mandamus, directing Respondent no.1 and 2 to initiate appropriate action after conducting a detailed enquiry under section 15 (2) of the Recovery of Debts and Bankruptcy Act, 1993, read with Rule 4 & 4 of DRT (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) Rules, 2010 into the working, behaviour, temperamental issues, act and conduct of Respondent no.4 in view of his consistent misbehaviour with the Advocates and in-competency to act as Presiding Officer of DRT Lucknow as also highlighted in the Complaint

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