2023 (1) TMI 1

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....be pleased to pass a Writ of Mandamus or Certiorari or any other appropriate Writ, Order or direction, directing Respondent to appoint full time Presiding Officer in Debt Recovery Tribunal-I, Ahmedabad;" 3. Petitioner is seeking for a direction to fill up the post of Presiding Officer in Debt Recovery Tribunal-I, Ahmedabad contending inter-alia such vacancy violates the legal rights of the petitioner, bankers/lenders, borrowers, guarantors and other stake holders. Petitioner, who is an advocate enrolled on the rolls of the Bar Council of Gujarat and practicing before this Court, District Courts and Tribunals contends that he is a certified Chartered Accountant, Company Secretary and has also undertaken many specialized courses such as Cer....

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.... 5. Present petitioner has filed this petition for a direction being issued to the respondent to fill up the vacancy of Presiding Officer, DRT-I situated at Ahmedabad, contending that Debt Recovery Tribunals having jurisdiction over the State of Gujarat comprised of two Benches namely, DRT-I and DRT-II with territorial jurisdiction, as indicated in paragraph 4.3 which reads as under: DRT-I Ahmedabad - Gandhinagar - Sabarkantha (Himmatnagar), Patan, Mehsana, Banaskantha (Palanpur), Arawalli of Gujarat w.e.f. 01.06.2007. DRT-II Rest of districts in Gujarat and union Territory of Daman & Diu and Dadar & Nagar Haveli. 6. From 10.8.2021, charge of DRT-II and DRT-I was held by Shri Laxman Madnani. The notification dated 9.8.2021 issued by ....

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....20.2.2022, whereby decision in respect of appointments approved by the Committee of Cabinet for filling up the posts of Presiding Officers in various Debt Recovery Tribunals including DRT-I at Ahmedabad came to be circulated. Said notification has not crystallized by way of appointment being made to DRT-I, Ahmedabad. Subsequent to expiry of in-charge arrangement on 31.3.2022, no further notification came to be issued by the respondent extending the in-charge arrangement. In other words, the post of Presiding Officer, DRT-I became vacant with effect from 1.4.2022. By virtue of the same, matters pertaining to DRT-I are being adjourned without any proceedings taking place, as is evident from order sheets produced by the petitioner along with p....