Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Debt Recovery Tribunals and Debt Recovery Appellate Tribunals Electronic filing Rules 2020 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Debt Recovery Tribunals and Debt Recovery AppellateTribunals Electronic filing Rules, 2020 – e-filing of pleadings –Department of Financial Services introduced e-filing Rules in 2020,where e-filing was made optional – Later on, by a notification dt.22.07.2021, e-filing was made compulsory where the pecuniaryvalue of the subject matter in dispute was in excess of Rs 100 crores– On 31.01.2023, e-f iling was made mandatory in all casesirrespective of the value of the subject matter – Appellant filed writpetition u/Art.32 to challenge the provisions of amended Rule 3 ofthe E-filing Rules and for a direction to the DRTs and DRATs tocontinue with hybrid filing of pleadings and applications beforethem and further contented that, the rules are implemented withoutsufficient deliberations with stakeholder – Held: Material placedon the record indicates that the introduction of e-filing by theDepartment of Financial Services was facilitated in gradual stages– Sufficient time was given to all stakeholders to adjust to the newregime and stakeholder’s training has been carried out – E-filingprovides transparency and efficiency in the administration of justice– E-filing provides for 24x7 access to the court system and facilitatesthe convenience of lawyers as well as litigants – In view of thegrievances, directions issued: Bar Associations to submi trepresentations to the Department of Financial Services regardingspecific difficulties encountered in the process of e-filing; TheChairpersons of the DRATs and the Presiding Officers of the DRTsdirected to submit monthly reports to the Department of FinancialServices, highlighting the experience with e-filing and suggestingany necessary upgrades; National Informatics Centre (NIC) toconstitute a team to monitor the progress of e-filing and addressany difficulties on real time basis; The e-filing module to be upgraded with periodical developments; Help desks recommended, esewakendras(e-service centers) to be set up at all centres of theDRTs or DRATs to facilitate e-filing and provide a one step solutionfor all the e-services. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 321 |
Petitioner | M P High Court Bar Association |
Respondent | Union Of India & Ors |
SCR | [2023] 7 S.C.R. 347 |
Judgement Date | 2023-03-29 |
Case Number | 155 |
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