Accept pleas filed before DRT, DRAT in view of vacancies: SC

The Supreme Court on Thursday asked high courts to entertain applications that are filed before the Debts Recovery Tribunal (DRT) and the Debts Recovery Appellate Tribunal (DRAT) in view of non-filling of vacancies.

A bench headed by Chief Justice NV Ramana said once the tribunals are constituted, the matters will be relegated back to them from the high courts. “It was brought to our notice that there are problems regarding non-appointment of members to DRT, DRAT.To resolve the problem for the time being, we request the high courts to entertain the applications which they have to file before DRT, DRAT under Article 226...Once Tribunal is constituted, the matters can be relegated back to the Tribunal,” the bench also comprising Justices DY Chandrachud and L Nageswara Rao said.

Senior advocate Nidhesh Gutpa, appearing for the MP Bar Council, referred to a judgment passed by the Kerala High Court which said that jurisdiction of DRT cannot be transferred to another State. Gupta said that the Union of India has not challenged that judgment and the order has attained finality. He said that the Kerala High Court had suggested that if there was no other options available, the jurisdiction should be given to other Tribunals.

Attorney General KK Venugopal stated that as hearings are being conducted virtually, transfer of jurisdiction might not be causing difficulties. Gupta, however, submitted that the virtual hearings were not effective as only dates are given for cases from the other state, with no substantial hearing.