ORDER

% 07.02.2024

1. The petitioner has filed the present petition inter alia praying that Debt Recovery Tribunal, Delhi be directed to reconsider its order dated 05.12.2023 passed in Misc. Appeal No. 233/2022.

2. In terms of the said order, the Presiding Officer of the learned Debt Recovery Appellate Tribunal (DRAT) has expressed his inability to hear the case and directed that the appeal be transferred to some other DRAT as he did not want to try this appeal.

3. The petitioner was constrained to approach the court in the first instance since, the learned DRAT had listed the petitioner’s appeal (Misc.

Appeal No. 233/2023 arising out of S.A. No. 450/2022) on several occasions but did not conclude the same.

4. The petitioner was, thus, constrained to file a petition under Article 227 of the Constitution of India being CM (M) No. 1590/2023; captioned Standard Chartered Bank Vs. M/s. SCK Infratech Pvt. Ltd. which was W.P.(C) 952/2024 page 1 of 3 disposed of by the learned Single Judge of this Court requesting the DRAT to decide the petitioner’s appeal (Misc. Appeal No. 233/2023) within a period of six weeks from 05.12.2023 being the date on which the appeal was next listed before the learned DRAT.

5. It is contended on behalf of the appellant that learned DRAT had, in fact, decline to follow the said order and directed that the file be put up before the Secretary, Department of Financial Services with a direction to transfer the same to any other DRAT.

6. It is also contended that the present case is not a ‘one-off’ case wherein the learned DRAT is consistently declining to comply with the orders passed by this Court which request for a time bound disposal of certain appeals.

7. Learned counsel has also referred to an order passed by the Coordinate Bench of this Court in W.P.(C) 10889/2023; captioned Yogesh Jain & Anr. Vs. Central Bank of India wherein, in somewhat similar facts, the Court had directed the DRAT to inform the Court the numbers and details of the matters in which this Court had directed expeditious disposal of the cases before the learned DRAT and the number of cases disposed of in compliance of the said orders. A Coordinate Bench of this Court had issued the following directions:

“9.

The Registrar, DRAT is directed to inform this Court the number and details of matters, wherein the Delhi High Court in the last one year had directed expeditious disposal of the cases by the DRAT, the details of such cases disposed of and the number of cases, wherein the Chairperson, DRAT had subsequently recused himself from hearing. Let a copy of this order be communicated to the Registrar, DRAT by the Registry of this Court forthwith..” W.P.(C) 952/2024 page 2 of 3

8. The information sought by the Coordinate Bench in terms of order dated 08.01.2024 in W.P.(C) 10889/2023 will also be relevant for any further orders that are required to be passed in this case.

9. Accordingly, Registry is also directed to place the copy of the report received from the Registrar DRAT in this proceeding as well.

10. Meanwhile, issue notice.

11. Notice shall go by speed post.

12. List for consideration on 07.03.2024. VIBHU BAKHRU, J TARA VITASTA GANJU, J FEBRUARY 07, 2024/SA Click here to check corrigendum, if any W.P.(C) 952/2024 page 3 of 3