Can parties move to the High court In The Absence of DRATs Authorities? The Kerala High Court shows it’s concerned about being unable to appoint the adjudicatory authority of the Debt Recovery Tribunal by the state. This created trouble in the smooth functioning of the work of Tribunals.
There is a non-availability of the presiding officers in the forum. This leads to financial institutions and the borrowers/guarantors facing hardship and trauma. The statutory mandate of appointing tribunals is being ignored without any valid reason
Fundamental right to approach the High Court
In this scenario, the aggrieved party is entitled fundamental right to approach the High Court. It is because justice was denied due to the absence of a presiding officer of the forum. Of course, this is created under the statute.
Here the court found it to be reasonable to exercise the jurisdiction. This is which was given under Articles 226 and 227 to provide access to justice to the aggrieved
Non-functional of DRTs and DRATs
An alarming situation has occurred across the country due to the non-functional of DRTs and DRATs, which occurred due to the non-fulfillment of the vacancies.
From time to time various high courts raised the issue of not fulfilling the vacancies in DRAT. Just a few days back Bombay High Court raised the alarm that it will summon the Finance Secretary if the presiding officer of DRAT is not appointed by February 2021.
Similarly, the same thing happened in Allahabad High Court. The court showed its displeasure towards Central Government for not filling up the vacancies. In The Absence of DRATs Authorities Parties Can Move to High Court. Find the Best DRT and DRAT Lawyers in Chennai Tamil Nadu India
Read other Information:Validity of the Arbitration Agreement
