The Punjab and Haryana High Court has set aside a decision by the Debts Recovery Tribunal (DRT-III) in Chandigarh, which had dismissed a case citing a shortage of stenographers and typists. The court ruled that administrative shortcomings cannot be grounds for rejecting legal applications and directed the tribunal to reconsider the matter on its merits.
A Division Bench emphasized that if the tribunal lacked adequate support staff, the presiding officer should have formally raised the issue with the competent authority rather than allowing it to affect judicial proceedings. The case involved a plea by Sarabjit Singh Company, which had sought a stay on a bank’s attempt to take physical possession of a secured asset. The tribunal had dismissed the plea, citing an excessive caseload and a shortage of personnel.
The High Court noted that such dismissals were “unwarranted” and stressed that judicial functions must not be compromised by staffing issues. It also recorded an assurance from the Union government, stating that any formal request for additional staff would be promptly addressed.
With the tribunal’s decision overturned, the case has been sent back for an expedited hearing. The High Court further instructed the presiding officer to immediately submit a staff requisition to the government to prevent similar issues in the future.