Understanding Judicial Delays in Debt Tribunals
Uploaded: over 2 years ago; Last updated: over 2 years ago ; Date of Publication: 1-May-2017
February 2014 - April 2014
Creative Commons Attribution 4.0 International (CC BY 4.0)
The Insolvency and Bankruptcy Code passed by the Lok Sabha last week envisages Debt Recovery Tribunals (DRTs) as the adjudicating authority for individuals and partnership firms. When originally set up, DRTs were expected to resolve cases within a limit of 180 days. But experience tells us that judicial delay is as much of a problem in the DRTs as with other courts.
We argue that the judicial statistics that are currently collected are inadequate for understanding and solving the problem of judicial delay. We propose a new approach to collecting data, which will lead to useful insights about delays. We apply this approach to a dataset, and find that about half the time taken by cases is lost to delays. Most delays are due to the petitioners asking for more time to file documents.
This dataset represents a sample of cases disposed by the Debt Recovery Tribunal (DRT) in Delhi. It contains information for 22 cases disposed between February and April 2014. The earliest of these cases had been instituted in 2006, and the last in 2013. This includes information about who filed the case, against whom, and the key issue at stake. There are 474 orders over these 22 cases, an average of 21.5 orders per case along with the details on adjournments, if any.
Summary of the 22 cases picked for the analysis