Statutory Appeal Cannot Be Rendered Illusory Due to DRAT Vacancies: Delhi High Court

The Delhi High Court held that a statutory appellate remedy cannot be defeated due to tribunal vacancies, recusals, or administrative hurdles.

The Court was dealing with a case where auction purchasers were unable to pursue their appeal because of obstacles at the Debt Recovery Appellate Tribunal (DRAT).

Observing that the litigants were not at fault, the Court ruled that writ jurisdiction may be exercised when a statutory appeal becomes ineffective in practice. It emphasised that procedural or institutional failures cannot deny parties meaningful access to justice.

Accordingly, the Court directed that the pending appeal be entertained within seven days, reaffirming that statutory rights cannot be frustrated by systemic shortcomings.

[True Value Marketing Services Pvt Ltd. v. UOI]