Supreme Court Modifies High Court's Order Restraining Judicial Member Of DRT From Passing 'Adverse Orders' In Any Case

The Supreme Court modified the order passed by the High Court of Punjab and Haryana whereby the Judicial member of the Debts Recovery Tribunal was restrained from passing adverse orders in the pending matters.

The Bench of Justice M.R. Shah and Justice C.T. Ravikumar observed that "Such an interim order of not to pass any adverse orders in any of the cases by the Judicial Member of the Tribunal cannot be passed and is unsustainable."

In this case, the SLP was filed by the Judicial member against the order of the Punjab and Haryana High Court in a case where the Debts Recovery Tribunal Bar Association had moved the High Court contending that the Judicial member-petitioner had been passing adverse orders deliberately. Advocate Daya Krishan Sharma appeared for the Petitioner.

Senior Advocate Vikas Singh appeared on behalf of the original writ petitioner- Bar Association and submitted that the self-respect of the Bar Association should be preserved and submitted that the Bar has no objection in modifying the High Court order and would cooperate, if the Judicial Member decides the pending matters on merits.

The Apex Court noted the submissions made by the counsel for the original writ petitioners and observed that "It goes without saying that 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."

The Apex Court ordered that "we modify the impugned order passed by the High Court and permit the petitioner-herein, Judicial Member of the Tribunal to proceed further with the hearing of the matters before him and decide the same on merits."

The Apex Court further expressed that if the applications were dismissed for non-prosecution, the parties concerned, if want, were allowed to move for restoration so that no injustice was caused to the litigants.

Accordingly, the Apex Court ordered to serve the copy of the petition to Solicitor General Tushar Mehta and fixed December 12, 2022 as the next date.

Cause Title- M.M. Dhonchak v. Debts Recovery Tribunal Bar Association & Ors.

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