Punjab and Haryana High Court sets aside DRT orders, says staff shortage no ground for dismissing application
Directs tribunal to hear case afresh; govt assures steps to address staff crunch
2 min read
The High Court directed the Presiding Officer of DRT-III to forward the requisition for additional staff to the Government of India, with a copy to the Additional Solicitor General.
The Punjab and Haryana High Court has set aside two orders passed by the Debts Recovery Tribunal (DRT-III), Chandigarh, stating that the tribunal’s decision to dismiss applications due to a shortage of stenographers and typists was unwarranted.
A division bench comprising Justice Anupinder Singh Grewal and Justice Sumeet Goel on Wednesday ruled in favour of M/s Sarabjit Singh and Company, which had challenged the DRT-III orders dated January 20 and February 11, 2025. The orders had dismissed the firm’s applications seeking a stay on the possession of secured assets and a preponement of proceedings.
‘Dismissal on staff shortage unwarranted’
The High Court observed that the DRT-III’s reasoning for rejecting the applications—citing a heavy board and a lack of stenographers—was not a valid ground for dismissal. “In case of infrastructure or staff shortages, the Presiding Officer ought to have raised the issue with the competent authority rather than dismissing the applications,” the court stated.
Senior Advocate D.S. Patwalia, appearing for the petitioners, argued that the tribunal had acted unfairly and that his clients were willing to clear their dues. “The applications were dismissed purely on administrative grounds, which goes against the principles of justice,” he contended.
On behalf of respondents Bank of India (BOI), Advocate Rajiv Joshi, citing instructions from BOI’s Chief Manager Inderjeet Saneta, assured the court that the petitioners would not be dispossessed of the secured asset until February 28, 2025.
Govt to address staff shortage
During the hearing, Additional Solicitor General of India Satya Pal Jain, assisted by Senior Panel Counsel Dheeraj Jain and Advocate Neha Dalal, assured the court that the issue of staff shortage at DRT-III would be addressed. “The Presiding Officer should send a requisition regarding staff requirements, and the government will take immediate steps,” Jain said.
The High Court directed the Presiding Officer of DRT-III to forward the requisition for additional staff to the Government of India, with a copy to the Additional Solicitor General.
With this, the court remanded the matter back to DRT-III, Chandigarh, directing it to hear and decide the applications afresh in accordance with the law.
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