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2023 (1) TMI 1

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..... hereas litigants who are similarly placed and seeking reliefs by filing the petition, which is pending before DRT-I, are not able to get the relief namely, their applications or petitions are getting adjourned from time to time for want of Presiding Officer and thereby depriving them of their legitimate right to speedy justice. This Court adjourned this matter to enable the respondent to take such steps. Though this matter has seen two subsequent dates i.e. 17.6.2022 and 20.6.2022, till date, the assurance given to this Court has not crystallized by way of any such steps having been taken or order having been issued - Petition allowed. - R/WRIT PETITION (PIL) NO. 41 of 2022 - - - Dated:- 21-6-2022 - HONOURABLE THE CHIEF JUSTICE MR. .....

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..... vency Professional Agency of Institute of Chartered Accountants of India in Insolvency and Bankruptcy Board of India-World Bank program of 'Training the Trainers' and claims to have trained more than 1,000 insolvency professionals in compulsory training programme conducted by Insolvency Professional Agency of Institute of Chartered Accountants of India, Institute of Company Secretaries of India and Institute of Cost Accountants of India. Petitioner also claims to have conducted more than 1,000 such lectures at various forums, conferences and programmes organised by several financial institutions across India. Petitioner claims to have been worked in the interest of real estate laws and also contends that he has authored various book .....

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..... the charge as Presiding Officer, DRT-I for a period of six months starting from 10.8.2021 to 9.2.2022 or until further orders, whichever is earlier, in addition to his own charge as Presiding Officer, DRT-II vide Annexure-A, by virtue of Presiding Officer of DRT-I as said post was vacant. 7. As there was no Presiding Officer posted to DRT-I, petitioner herein had filed a Writ Petition (PIL) No.9 of 2022 contending that not only the litigant public but also the advocates are facing utmost difficulty. It was also brought to the notice of this Court that initially Presiding Officer, DRT-II was given additional charge of matters relating to DRT-I upto 31.12.2021. During the pendency of said writ petition, Ministry of Finance, Department .....

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..... er Article 21 of the Constitution of India as held by Hon ble Apex Court in Supreme Court Advocates-on-Record Association Vs. Union of India reported in AIR 1994 SC 268. Non-adherence to the same would impinge upon the rights of citizens under Article 14 of the Constitution of India, inasmuch as the litigants are differently treated though placed on the same pedestal or being on par. To put it differently, litigants whose matters are before DRT-II would be able to get the relief at the hands of DRT-II, whereas litigants who are similarly placed and seeking reliefs by filing the petition, which is pending before DRT-I, are not able to get the relief namely, their applications or petitions are getting adjourned from time to time for want .....

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