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08.01.2024

CM APPL. 62420/2023

1.

Present application has been filed on behalf of the Petitioners for

modification of the Order dated 17^th August, 2023 passed in the instant writ

petition and thereafter, to call for the records of the Petitioners’ appeal being

Misc. Appeal No. 415 of 2018 titled as ‘Yogesh Jain & Ors. vs. Central

Bank of India & Ors.’ pending before the Debt Recovery Appellate

Tribunal (“DRAT”).

2.

The instant writ petition had been filed by the Applicant-Petitioners

praying for speedy disposal of the Petitioners’ appeal being Misc. Appeal

No. 415 of 2018 titled as ‘Yogesh Jain &Ors. vs. Central Bank of India &

Ors.’, pending before the DRAT for the past five years.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 09/01/2024 at 22:08:34

3.

Vide Order dated 17^th August, 2023, the instant writ petition had been

disposed of with directions to the DRAT to decide the Petitioners’ appeal as

expeditiously as possible, and preferably within a period of three months.

4.

Learned counsel for the Applicant-Petitioners states that post disposal

of the instant writ petition, vide order dated 18^th September, 2023, the

Chairperson, DRAT recused from hearing the Petitioners’ appeal on the

ground of “personal reasons” and directed to put up the file before the

Secretary, Department of Financial Services with a request to transfer the

appeal to some other DRAT.

5.

He contends that the order dated 18^th September, 2023 is illegal and

contrary to record as the pending appeal had earlier been listed before the

same Chairperson of the DRAT, Delhi on as many as five occasions i.e., on

25^th April, 2022, 02^nd December, 2022, 03^rd February, 2023, 24^th April,

2023and 12^th July, 2023, however, no such personal reason was indicated or

assigned by the DRAT for not entertaining the appeal.

6.

Learned counsel for the Applicant Petitioners states that till date, the

petitioners have not received any information about the transfer of their

appeal to some other DRAT. Furthermore, he states that the website of the

DRAT, Delhi, reflects the status of the Petitioners’ appeal as disposed of

while no information in this regard, either from the DRAT, Delhi or from

the office of the Secretary, Department of Financial Services, has been

communicated to the Petitioners. Thus, he states that the status and fate of

the Petitioners’ pending appeal is unknown, despite directions from this

Court to dispose of the Petitioners’ pending appeal within a period of three

months.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 09/01/2024 at 22:08:34

7.

Issue notice to the non-applicants through counsel, returnable on 29^th

February, 2024.

8.

This Court finds that in another matter listed today being W.P.(C)

15445/2023 titled as State Bank of India vs. Ramesh Kumar & Ors.,

wherein a Coordinate Bench of this Court had directed the expeditious

disposal of the proceedings preferably within three months, the Chairperson

had similarly recused himself from hearing the matter subsequently.

The

order passed today in W.P.(C) No. 15445/2023 is reproduced as under:

1.

Present writ petition has been filed challenging the

impugned order dated 13^th September 2023 passed by Debt

Recovery Appellate Tribunal, Delhi (“DRAT”) whereby the

Chairperson, DRAT recused from trying the Misc. Appeal No.

05/2023 on the ground of personal reasons, and directed to put the

appeal before the Secretary, Department of Financial Services

with a request to transfer the appeal to some other DRAT.

2.

The Petitioner further prays for vacation of the interim stay

granted by the DRAT vide order dated 24^th January, 2023 whereby

the Petitioner Bank was directed to not take possession of the

property in question till the pronouncement of the order.

3.

Learned counsel for the petitio