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2022 (2) TMI 1372 - HC - Indian LawsAppointment of Chairpersons of the Debts Recovery Appellate Tribunals all over the country - HELD THAT - Justice Ashok Menon, former Judge of the High Court of Kerala, has been appointed as a Chairperson of the Debts Recovery Appellate Tribunal, Mumbai (DRAT(M)). In view of such an appointment, we do not propose to keep these writ petitions pending. The parties shall be at liberty to approach DRAT(M) for appropriate reliefs. Interim orders, if any, passed on these writ petitions shall, however, continue to operate for a period of three weeks from the date of assumption of charge of office by the Chairperson of the DRAT(M). The writ petitions are disposed of.
Issues: Appointment of Chairperson of Debts Recovery Appellate Tribunal (DRAT), Transfer of pending writ petitions to DRAT(M), Continuation of interim orders, Transfer of deposited amount by MSTC Ltd.
In a recent judgment by the Bombay High Court, the issue at hand was the appointment of Justice Ashok Menon as the Chairperson of the Debts Recovery Appellate Tribunal, Mumbai (DRAT(M)). The court noted the appointment through a letter issued by the Government of India and decided not to keep the pending writ petitions related to the matter. Instead, the parties were directed to approach DRAT(M) for necessary reliefs. It was specified that any interim orders in place would continue for three weeks from the date of the Chairperson's assumption of office at DRAT(M), with the option for parties to seek extension or vacation of such orders directly from the Chairperson of DRAT(M). Regarding the specific case of the petitioner MSTC Ltd., the court ordered the transfer of the deposited amount made by them with the Prothonotary and Senior Master of the High Court to the Registrar of DRAT(M) within two weeks. The court disposed of the writ petitions without imposing any costs and left all contentions on merits open for future consideration. This judgment highlights the procedural aspects of transferring cases to the appropriate tribunal following the appointment of a Chairperson and ensures the smooth transition of pending matters to the relevant authority for adjudication.
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