Chairman To Take Appropriate Decision: SC Disposes Of Plea Filed By DRT's Judicial Member Who Was Restrained From Passing Adverse Orders

The Supreme Court has disposed of the special leave petition(SLP) filed by the Judicial member of the Debts Recovery Tribunal who was restrained from passing adverse orders in the pending matters by the High Court of Punjab and Haryana.

A Bench comprising Justice M R Shah and Justice S. Ravindra Bhat was apprised that the Chairman of the DRT (Debts Recovery Tribunal)/DRAT (Debts Recovery Appellate Tribunal) is looking into the grievances of the Bar Association, including the conduct of the Judicial Member.

"In that view of the matter, we continue the ad-interim relief granted earlier vide order dated 02.12.2022 and we leave the matter to the Chairman of the DRT/DRAT to take an appropriate decision independently and if required after giving an opportunity to the representative(s) of the Bar Association as well as to the petitioner", said the Supreme Court.

AOR Daya Krishan Sharma appeared for the Petitioner while SG Tushar Mehta along with Senior Advocate Vikas Singh appeared for the Respondents before the Court.

Earlier on December 2, the Apex Court modified the impugned order passed by the High Court of the Punjab and Haryana and permitted the Judicial Member of the Tribunal to proceed further with the hearing of the matters before him and decide them on merits.

The High Court in the exercise of powers under Article 227 of the Constitution of India in a writ petition filed by the Debts Recovery Tribunal Bar Association, had restrained the Judicial Member of the Tribunal from passing any adverse orders in any of the cases (OAs or SAs) pending before him of which he was the Presiding Officer.

"The Judicial Member as well as the Bar should always try to maintain cordial atmosphere/relationship as both are part of the justice delivery system and both are the two wheels of the chariot of justice. Therefore, it is expected that both the sides may respect each other," observed the Supreme Court.

Cause Title- MM Dhonchak v. Debts Recovery Tribunal Bar Association and Ors.

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