In a plea filed by the Madhya Pradesh High Court Bar Association, the Supreme Court has affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs).
The Bench comprising CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala expressed their disapproval of presumption in the plea that women practitioners would need an exemption to the rule of mandatory e-filing.
The plea challenged the notification issued by the Ministry of Finance, which amended Rule 3 of the Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing (Amendment) Rules, 2023.
As per the amended norms, the e-filing of pleadings before DRT/DRAT is made mandatory for applicant without any limit.
Initially,the e-filing of pleadings before the DRT/DRAT was only mandatory if the debt to be recovered was more than Rs 100 crore.
The counsel for petitioner while arguing the case, sought for certain exceptions to the rule of mandatory e-filing. The counsel said that the exemptions shall be provided for just and sufficient cause, female lawyers, and senior citizens.
CJI Chandrachud remarked, Female lawyers? Did it mean that women were not competent?
The CJI added that female lawyers were even more tech savvy than male lawyers. He showed his surprise on presumption that female lawyers would not be able to adjust or were bad at technology.
As per the petition, relaxation was also sought in case of senior citizens. The counsel argued that while talking of e-filing, the clerk would be knowing e-filing, the junior would be knowing the filing but the concern was over the whole ecosystem of practitioners who were practising at the district level.
Districts like Jharkhand, Allahabad, Madhya Pradesh – all these places, the seniors would not know about e-filing, he added.
CJI DY Chandrachud responded by stating that it is for this that we have the help desk, therefore the E-Seva Kendras.
Justice PS Narasimha, the while parting with the order which provided directions to make e-filing more accessible, urged the lawyers who go to DRTs or DRATs to upgrade themselves as soon as possible.
The Justice said that people are upgrading themselves with UPI. He cited that even a vegetable seller, transacts comfortably through mobile phones.
The Justice added that everyone is upgrading themselves and this plea should not be converted into litigation.He further said that the lawyers who go to DRTs or DRATs upgrade themselves as early as possible. This should not be a permanent feature.