(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) By filing this petition, the petitioner has prayed that appropriate direction may be given to the Debts Recovery Appellate Tribunal, Mumbai (DRAT) to dispose of Appeal No.84 of 2010 expeditiously.
It is submitted by learned advocate Mr. Panesar that the present appellant is the respondent in the said appeal. It is further submitted that the bank is required to spend large amount everyday to protect the property and the petitioner is suffering financial loss, which is recurring in nature. It is submitted that in view of the same, appeal filed by the original appellant before the Tribunal is required to be decided at the earliest.
In our view, the petitioner should make such request before the DRAT in this behalf. At present, we are not aware as to appeal of which year is going on before the Tribunal. However, considering the submission of learned advocate Mr. Panesar, we permit the petitioner to make appropriate application to the DRAT for fixing early date and on an application being made, we are sure that DRAT may consider the same and may pass appropriate order for deciding the appeal expeditiously. And if it is possible to dispose of the same, the same may be disposed of latest by 31.12.2012.
With the aforesaid observation and direction, the petition is disposed of.
[P.B.MAJMUDAR, J.] [MOHINDER PAL, J.] shekhar* Top