M P HIGH COURT BAR ASSOCIATION versus UNION OF INDIA & ORS

Citation: [2023] 7 S.C.R. 347 · Decided: 29-03-2023 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off
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Judgment (excerpt)

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[2023] 7 S.C.R. 347
347
M P HIGH COURT BAR ASSOCIATION
v.
UNION OF INDIA & ORS
(Writ Petition (Civil) No. 155 of 2023)
MARCH 29, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI,
PAMIDIGHANTAM SRI NARASIMHA AND
J. B. PARDIWALA, JJ.]
Debt Recovery Tribunals and Debt Recovery Appellate
Tribunals Electronic filing Rules, 2020 – e-filing of pleadings –
Department of Financial Services introduced e-filing Rules in 2020,
where e-filing was made optional – Later on, by a notification dt.
22.07.2021, e-filing was made compulsory where the pecuniary
value of the subject matter in dispute was in excess of Rs 100 crores
– On 31.01.2023, e-filing was made mandatory in all cases
irrespective of the value of the subject matter – Appellant filed writ
petition u/Art.32 to challenge the provisions of amended Rule 3 of
the E-filing Rules and for a direction to the DRTs and DRATs to
continue with hybrid filing of pleadings and applications before
them and further contented that, the rules are implemented without
sufficient deliberations with stakeholder – Held: Material placed
on the record indicates that the introduction of e-filing by the
Department of Financial Services was facilitated in gradual stages
– Sufficient time was given to all stakeholders to adjust to the new
regime and stakeholder’s training has been carried out – E-filing
provides transparency and efficiency in the administration of justice
– E-filing provides for 24x7 access to the court system and facilitates
the convenience of lawyers as well as litigants – In view of the
grievances, directions issued: Bar Associations to submit
representations to the Department of Financial Services regarding
specific difficulties encountered in the process of e-filing; The
Chairpersons of the DRATs and the Presiding Officers of the DRTs
directed to submit monthly reports to the Department of Financial
Services, highlighting the experience with e-filing and suggesting
any necessary upgrades; National Informatics Centre (NIC) to
constitute a team to monitor the progress of e-filing and address
any difficulties on real time basis; The e-filing module to be upgraded
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SUPREME COURT REPORTS
[2023] 7 S.C.R.
with periodical developments; Help desks recommended, e-
sewakendras (e-service centers) to be set up at all centres of the
DRTs or DRATs to facilitate e-filing and provide a one step solution
for all the e-services.
Disposing of the petition, the Court
HELD:1. The process has been gradual. Sufficient time was
given to all stakeholders to adjust to the new regime. A
stakeholder’s training has been carried out. The counter affidavit
indicates the specific dates on which training programmes have
been conducted. E-filing provides transparency and efficiency in
the administration of justice. E-filing provides for 24x7 access to
the court system and, in fact, facilitates the convenience of lawyers
as well as litigants. With the march of technology, it would be too
late in the day to postulate that e-filing should not be adopted. As
a matter of fact, the decision to take up e-filing must be replicated
by other tribunals and courts in the country, including the High
Courts in a phased manner and that it eventually becomes
mandatory. [Paras 11, 12][352-G-H; 353-A]
2. This Court was of the view that the grievance which has
been portrayed in this proceeding can be addressed at two levels.
Firstly, this Court would permit the Bar Associations representing
the collective voice of the lawyers in the DRTs/DRATs to submit
their representations to the Department of Financial Services if
any specific difficulties are encountered in the process of e-filing.
The representations should focus on concrete suggestions which
have to be implemented to facilitate to e-filing. In other words,
this court clarified that by permitting an opportunity to file
representations, this Court was not questioning the need for
mandatory adoption of e-filing. The purpose is to ensure that any
glitches that may arise are attended to effectively. Simultaneously,
this Court also directed all the Chairpersons of the DRATs and
the Presiding Officers of the DRTs to submit reports to the
Department of Financial Services on a monthly basis initially for
a period of six months, pointing out the experience with e-filing
and suggesting, if any upgradation of the facilities or the software
is necessary. The National Informatics Centre, which has put into
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place the e-filing facilities for
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