The Punjab and Haryana Excessive Court docket has put aside two orders handed by the Money owed Restoration Tribunal (DRT-III), Chandigarh, stating that the tribunal’s determination to dismiss purposes because of a scarcity of stenographers and typists was unwarranted.
A division bench comprising Justice Anupinder Singh Grewal and Justice Sumeet Goel on Wednesday dominated in favour of M/s Sarabjit Singh and Firm, which had challenged the DRT-III orders dated January 20 and February 11, 2025. The orders had dismissed the agency’s purposes in search of a keep on the possession of secured belongings and a preponement of proceedings.
‘Dismissal on workers scarcity unwarranted’
The Excessive Court docket noticed that the DRT-III’s reasoning for rejecting the purposes—citing a heavy board and a scarcity of stenographers—was not a legitimate floor for dismissal. “In case of infrastructure or workers shortages, the Presiding Officer must have raised the difficulty with the competent authority quite than dismissing the purposes,” the court docket said.
Senior Advocate D.S. Patwalia, showing for the petitioners, argued that the tribunal had acted unfairly and that his shoppers had been keen to clear their dues. “The purposes had been dismissed purely on administrative grounds, which fits in opposition to the rules of justice,” he contended.
On behalf of respondents Financial institution of India (BOI), Advocate Rajiv Joshi, citing directions from BOI’s Chief Supervisor Inderjeet Saneta, assured the court docket that the petitioners wouldn’t be dispossessed of the secured asset till February 28, 2025.
Govt to deal with workers scarcity
In the course of the listening to, Further Solicitor Common of India Satya Pal Jain, assisted by Senior Panel Counsel Dheeraj Jain and Advocate Neha Dalal, assured the court docket that the difficulty of workers scarcity at DRT-III can be addressed. “The Presiding Officer ought to ship a requisition concerning workers necessities, and the federal government will take speedy steps,” Jain mentioned.
The Excessive Court docket directed the Presiding Officer of DRT-III to ahead the requisition for added workers to the Authorities of India, with a replica to the Further Solicitor Common.
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With this, the court docket remanded the matter again to DRT-III, Chandigarh, directing it to listen to and determine the purposes afresh in accordance with the legislation.
