Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | DRAT DRT adjournments |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | SECURITISATION AND RECONSTRUCTION OFFINANCIAL ASSETS AND ENFORCEMENT OFC SECURITY INTEREST ACT, 2002:Delay in disposal of cases and granting of adjournmentsby DRT and DRAT - Object of the Act - Explained -- Held:Delay in disposal of application by DRT and appeal by DRAT has the potentiality or creating a corrosion in the economicspine of the country - Grant of an adjournment should be anexception and not a routine and mechanical matter -Tribunals are expected to act in quite promptitude, so that an. ingenious litigant does not take recourse to dilatory tactics -In the case at hand, there was no reason for DRAT to keep on adjourning the matter and finally dispose it by passing anextremely laconic order -- A curative step is warranted andChairman and Members of DRAT shall endeavour to remainalive to the obligations as expected of them by such speciallegislations, namely, SARFAESI Act and ROB Act - Adjournments.RECOVERY OF DEBTS DUE TO BANKS ANDFINANCIAL INSTITUTIONS ACT, 1993: ss. 19 and 22 - Object of the Act and the procedurebefore Tribunal - Held: DRT and DRAT shall not be boundby the procedure laid down by the Code of Civil Procedure,but shall be guided by the principles of natural justice andsubject to the rules framed -- They have been conferred powers to regulate their own procedure, as the very purposeof their establishment is to expedite disposal of applicationsand appeals preferred before them -- They have the characterof specialized institutions with expertise and have beenconfeffed jurisdiction to decide the /is in speedy manner sothat the larger public interest, that is, the economy of thecountry does not suffer.s.19(25) - Powers of Tribunal - Held: s.19(25) conferslimited powers -- Tribunal has been given power under thestatute to pass such other orders and give such directions asto give effect to its orders or to prevent abuse of its processor to secure the ends of justice -- Tribunal is required tofunction within the statutory parameters - It does not have anyinherent powers - Tribunal cannot assume the role of a courtof different nature which can grant "liberty to initiate any actionagainst the bank" -- Taking note of a submission made at thebehest of auction purchaser and then proceed to say that heis at liberty to file any action against bank for any omissioncommitted by it, has no sanction of law -- Therefore, theobservation, namely, "liberty is also given to the auctionpurchaser to file action against the bank for any omissioncommitted by it", is deleted -- Judgment of High Court wherebyit has declined to interfere with the grant of liberty by ORA Tis also set aside. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 619 |
Petitioner | Standard Chartered Bank |
Respondent | Dharminder Bhohi And Others |
SCR | [2013] 9 S.C.R. 410 |
Judgement Date | 2013-09-13 |
Case Number | 8486 |
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