Provide space to debt recovery bodies in South Mumbai: Bombay High Court to port trust

Written By Mustafa Plumber | Updated: Nov 06, 2015, 08:20 AM IST

Bombay High Court

After going through the communication submitted by the ministry, the court noted in its order, "The MbPT ought to realise that even if there are pending requests and applications for allotment of space and accommodation by the state government and its other organs, the DRT's requirement of space and accommodation is urgent."

The Bombay High Court recently directed the Mumbai Port Trust (MbPT) to consider, on an urgent basis, providing space to the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT) in south Mumbai. The daily functioning of the bodies has been affected due to the paucity of space.

A division bench of justices S C Dharmadhikari and B P Colabawala were informed by additional solicitor general Anil Singh and advocate Mohamedali Chunawala that a meeting with the MbPT chairman was held and he was requested to provide the necessary infrastructure and space. The authority, however, has received 32 such proposals from various department of the Maharashtra government and thus the Ministry of Finance (MoF) proposal may not be decided on a priority basis.

After going through the communication submitted by the ministry, the court noted in its order, "The MbPT ought to realise that even if there are pending requests and applications for allotment of space and accommodation by the state government and its other organs, the DRT's requirement of space and accommodation is urgent."

The court gave the direction while hearing a petition filed by Suraj Jadhav, who had approached the HC highlighting the problems faced by the litigants after DRAT's Mumbai chairperson proceeded on a medical leave in April, and the charge was transferred to the Chennai tribunal. Only after the matter was filed in the HC, the ministry appointed a full-time chairman for Mumbai area.

Earlier, the president of the DRT bar association, Advocate Umesh Shetty had told the court, "At present, DRT and DRAT are presently operating from one building in Ballard Pier. Collectively, the area used would be around 7,500 square feet. This much space is not sufficient for the functioning of the tribunals. Amenities such as water coolers, proper sitting area, toilets are not available. Complete digitalisation of the process is not possible, because of which there is a delay in uploading of judgements or orders."