Excelsior Correspondent
JAMMU, Nov 24: In a Public Interest Litigation filed by Jaswinder Singh regarding the absence of any Debts Recovery Tribunal in the Union Territory of J&, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice MA Chowdhary has issued directives to the respondents.
After hearing Advocate Parveen Kapahi for the PIL, the DB said, “i has been submitted that for an ordinary litigant to travel from the Union Territory of J&K and Union Territory of Ladakh to Chandigarh is not only costly but due to the sheer distance and the lack of proper connectivity, it will cause significant inconvenience to the litigants”.
Section 4(2) of the Recovery of Debts and Bankruptcy Act, 1993, provides that notwithstanding anything contained in Sub-Section (1), the Central Govt may authorize the Presiding Officer of any other Tribunal established under any other law for the time being in force to discharge the function of the Presiding Officer of a Debt Recovery Tribunal under this Act in addition to his being the Presiding Officer of that Tribunal; or authorise the judicial member holding post as such in any other Tribunal, established under any other law for the time being in force, to discharge the functions of the Presiding Officer of Debts Recovery Tribunal under this Act, in addition to his being the judicial Member of that Tribunal.
“It has been submitted that since the Debts Recovery Tribunal has already been established in Chandigarh, nothing prevents the Central Government from authorizing a Presiding Officer of any of the Tribunals functioning in the Union Territory of Jammu and Kashmir to exercise the powers to discharge the functions of Presiding Officer of Debts Recovery Tribunal under the Recovery of Debts and Bankruptcy Act, 1993”, the DB said, adding “this is a suggestion that can be examined by the respondent authorities, especially considering the availability of Tribunals functioning in Union Territory of Jammu and Kashmir”.
Counsel for the petitioner has also suggested immediate setting up of a Circuit Bench of the Debts Recovery Tribunal, Chandigarh in Srinagar and Jammu, the DB observed and directed DSGI Vishal Sharma to take instructions in this regard.
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