Smt. Kanta Devi Vs Arcil — Writ and Judicial Review | Delhi HC (2025)

Smt. Kanta Devi Vs Arcil — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Directions that the Chairperson of DRAT, Delhi make sincere endeavours to take up the Petitioner's Appeal No. 430/2019 on 30.07.2025, the date already fixed; petition and applications disposed of with these directions (consistent with the same-day connected-matter order requesting examination of an additional DRAT Bench and redistribution of cases).

Issue for consideration

Whether directions should be issued to the Debt Recovery Appellate Tribunal (DRAT), New Delhi to adjudicate the Petitioner's pending Appeal No. 430/2019 (with a hearing date already fixed for 30.07.2025). +1 more

Court's answer

The Court accepted the ASG's assurance that the Chairperson of DRAT, Delhi will make sincere endeavours to take up the Appeal filed by the Petitioner on 30.07.2025, i.e. the date already fixed.

Ratio / Principle

The Petition and applications, if any, were disposed of with the aforegoing directions.

Key takeaways

In the connected matter W.P.(C) 10595/2025 (reproduced in this judgment), given the pendency of nearly 1600 cases before DRAT, Delhi, the Court requested the Competent Authority to examine the possibility of creating another Bench for expeditious disposal of cases.ratio¶20
In the connected matter, the Court directed the Competent Authority to explore the possibility of assigning certain cases to Chairpersons of the other DRAT Benches, where the pendency is less.ratio¶21
In the connected matter, the Court requested the Chairperson of DRAT, Delhi to make sincere endeavours for expeditious disposal of the appellant's Appeal.

Detailed headnote1 paragraphs

Delhi High Court, W.P.(C) 10315/2025 & CM APPL. 42850/2025 (decided 25.07.2025; bench: Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar). Smt. Kanta Devi, under Articles 226 and 227 of the Constitution, sought directions to the Debt Recovery Appellate Tribunal (DRAT), New Delhi to adjudicate her pending Appeal No. 430/2019. Relying on the Court's same-day order in the connected matter W.P.(C) 10595/2025 (Mrs. Richa Goel & Anr. vs. Union Of India & Ors.) — which recorded that five DRAT Benches (Delhi, Mumbai, Chennai, Kolkata, Allahabad) are functioning, that the Chairperson post of DRAT Mumbai has been vacant since 07.03.2025 (additional charge with DRAT Chennai Chairperson), that the Chairperson of DRAT Delhi put in his papers on 04.06.2025 yet continues sitting regularly with efforts underway to appoint a successor, and that nearly 1600 cases are pending at DRAT Delhi, prompting requests to the Competent Authority to examine creating another Bench and assigning cases to less-burdened Benches — the ASG assured the Court that the Chairperson of DRAT, Delhi would make sincere endeavours to take the Petitioner's Appeal on 30.07.2025, the date already fixed. The Petition and applications were disposed of with these directions.

$~25

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 10315/2025, CM APPL. 42850/2025

SMT. KANTA DEVI .....Petitioner Through: Mr. Manish Kr. P., Adv.

versus

ARCIL .....Respondent Through: Mr. Chetan Sharma, ASG with Ms. Avshreya Pratap Singh Rudy, SPC with Mr. Amit Gupta, Mr. R.V. Prabhat, Mr. Vinay Yadav, Advs. for UOI

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R % 25.07.2025

The present Petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India seeking issuance of directions to Ld. Debt Recovery Appellate Tribunal, New Delhi („DRAT‟) to adjudicate the Appeal No.430/2019 filed by the Petitioner.

This Court has today, in a connected matter, being W.P.(C) 10595/2025 captioned, Mrs. Richa Goel & Anr. vs. Union Of India & Ors. , passed the following order:

“1. We have heard the learned ASG and learned counsel representing the Petitioner at length.

The present Petition has been filed by the Petitioner seeking a limited prayer to issue directions to the Ld. Debt Recovery Appellate Tribunal, New Delhi („DRAT‟) for expeditious disposal of the Appeal filed by the Petitioner.

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 29/07/2025 at 12:51:51

On the last date of hearing, this Court had requested the learned ASG to assist the Court in the matter.

Learned ASG appears before the Court today and very graciously submits that there are five Benches of DRAT located at Delhi, Mumbai, Chennai, Kolkata and Allahabad and that the Chairpersons of these five Benches are holding Courts regularly. Learned ASG further submits that the post of Chairperson of DRAT, Mumbai is vacant since 07.03.2025 and that the additional charge of Chairperson of DRAT, Mumbai has been assigned to Chairperson of DRAT, Chennai.

This Court has drawn the attention of the learned ASG to the fact that nearly 1600 cases are pending before DRAT, Delhi.

Learned ASG submits that the Chairperson of DRAT, Delhi has put in his papers on 04.06.2025. However, learned ASG has assured the Court that the Chairperson of DRAT, Delhi is taking up the cases on regular basis and is attempting to dispose of the same expeditiously. Learned ASG also submits that efforts are also being made to appoint new Chairperson of DRAT, Delhi.

In view of the aforesaid position and given the fact that nearly 1600 cases are pending, the Competent Authority is requested to examine the possibility of creating another Bench for expeditious disposal of the cases.

The Competent Authority shall also explore the possibility of assigning certain cases to Chairpersons of the other Benches, where the pendency is less.

The Chairperson of DRAT, Delhi is requested to make sincere endeavours for expeditious disposal of the Appeal filed by the Appellant.

The Petition and applications, if any, are accordingly disposed of with the aforegoing directions.”

Learned counsel representing the Petitioner makes a limited prayer to give directions to the DRAT, New Delhi to take up the Appeal filed by the Petitioner on 30.07.2025 i.e. the date already fixed.

Learned ASG appearing for Union of India assures the Court that the Chairperson of DRAT, Delhi will make sincere endeavours to take the Appeal filed by the Petitioner on 30.07.2025.

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 29/07/2025 at 12:51:51

The Petition and applications, if any, are accordingly disposed of with the aforegoing directions.

ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

JULY 25, 2025/jn/sh

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 29/07/2025 at 12:51:51