The Delhi High Court held that an RO being a bank employee does not automatically prove bias, but directed DRT benches to ensure future appointments of ROs are from banks other than the concerned claimant's.
Directing Presiding Officers of DRT benches to ensure that ROs appointed in future have no connection with the concerned Bank in the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus
STATE BANK OF INDIA .....Respondent Through: Mr.Rajiv Kapur, S.C. with Ms.Riya Sood, Adv for SBI. Mr.Piyush Beriwal with Mr.Sandip Munian, Ms.Jyotasna Vyas, Advs for R-2.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:47:37
submits that this position can be easily avoided by ensuring that the R.Os. in the matters are assigned in such a manner that they do not have to deal with a case pertaining to the Bank of which they are an employee. He further submits that there are two R.Os attached to every Bench of the DRT and, therefore, the learned DRT can easily ensure that the R.O. dealing with a case is not an employee of the concerned Bank in the same matter.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:47:37
matter.
REKHA PALLI, J
SAURABH BANERJEE, J
DECEMBER 5, 2024 sr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:47:37
1 issue framed by the court
Whether the appointment of a Recovery Officer (Employee of the Bank) creates a bias in the proceedings before the Debts Recovery Tribunal.
Colour shows how this judgement treated each authority
Delhi Financial Corporation & Anr. v. Rajiv Anand & Ors.Relied on¶12
Delhi Financial Corporation & Anr. v. Rajiv Anand & Ors. [(2004) 11 SCC 625] · Who else cites this
Vikram Panwar & Anr.
State Bank of India
Rekhapalli
Saurabh Banerjee
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
