Lucknow, May 23 (UNI) The Lucknow bench of the Allahabad High Court has taken strict cognizance of the Debt Recovery Tribunal (DRT) Lucknow passing similar orders in cases "without applying its mind".
The court directed the Union Finance Ministry to consider training such officers of DRT so that the work of DRT can run smoothly. For this, the court has also directed to send a copy of the order to the Union Finance Ministry.
The single bench of Justice Pankaj Bhatia passed this order on the petition of three petitioners including Vimala Kashyap.
In this, the order of DRT dated May 2 was challenged under which the petition for interim relief to the petitioners was rejected. The counsel for the petitioners said that although the reasons for granting interim relief were given in the petition, despite this, by recording them in the wrong manner, DRT passed an unexpected order to reject the petition.
On the other hand, the counsel for the opposing party, the Centre, said that the reasons for rejecting the petition were not fully given in the order of DRT.
On this, the court said that the lack of reasons in the order shows the lack of training of the DRT members.
Quashing the order of the DRT, the court held that the order impugned showed non-application of mind.
The court observed, "This court is noticing, similar orders passed by the DRT Lucknow in various matters, as such, let a copy of this order be sent to the Ministry of Finance, to consider imparting training to the officer concerned so that the functioning of the DRT for which it was established can go on smoothly."
Accordingly, it directed that the matter be remanded back to DRT Lucknow for passing fresh orders after considering the pleadings by both sides. It directed the senior registrar of this court to send a copy of this order to the Ministry of Finance, Government of India, New Delhi for taking appropriate steps.
The counsel for the Union of India was also directed to forward a copy of this order to the Ministry of Finance. With the said observations, the court disposed of the petition.
UNI XC AB RN