Supreme Court bats for separate Debts Recovery Tribunal for Jammu & Kashmir

The Supreme Court on Friday asked the Central government to initiate steps to set up a Debts Recovery Tribunal (DRT) in the Union Territory of Jammu and Kashmir. [Jammu and Kashmir Bank Limited vs M/S Hotel Alpine Rigde and Ors].Currently, the DRT at Chandigarh serves Jammu & Kashmir.A Bench of Justices Abhay S Oka and Augustine George Masih asked Solicitor General Tushar Mehta why the government was setting up DRT benches in all States if approaching Chandigarh DRT virtually was a feasible remedy for those in the region.The Court highlighted the unique topography of Jammu & Kashmir, and stated that it requires a DRT bench."If you are saying that then why is government making tribunals and benches in all States? See the topography in Jammu Kashmir, it will have to be done,".The top court was hearing a matter concerning appeals against SARFAESI proceedings in Jammu & Kashmir, when Solicitor General(SG) Tushar Mehta appearing for the Central government said,"My lords this will have to be heard. As of now, they can approach Chandigarh DRT virtually so they do not lose a remedy."This prompted the Court to stress on the need for a DRT bench in J&K.The SG then replied saying he would do his best to take the issue up in his professional capacity..The matter concerns challenges to an April 12 Jammu & Kashmir and Ladakh High Court verdict.The ruling in question was passed by a Bench led by (then) Chief Justice N Kotiswar Singh, who has since been elevated to the Supreme Court.Aggrieved individuals and businesses had moved the High Court against proceedings initiated against them by the Jammu and Kashmir Bank towards recovery of unpaid debt.They had highlighted that having to travel to Chandigarh impeded their access to justice guaranteed under Article 21 of the Constitution.The High Court had held that even in the presence of a statutory remedy (of approaching the Chandigarh DRT), the batch of pleas under Article 226 were maintainable.The Bank then moved the Supreme Court against the same..Set up comprehensive E-Seva Kendras at DRTs: Supreme Court directs Central government in plea challenging mandatory e-filing.The Central government had in November 2021 extended the jurisdiction of the Chandigarh DRT to the UTs of Jammu & Kashmir and Ladakh..The Bank's appeal was filed through law firm MV Kini & Associates.