AI Structured Summary
Not yet generated for this judgment
Judgment
Ashok Menon, Chairperson
Heard learned counsel appearing for both sides for quite some time. The Appellant has come up on Appeal impugning the order of the Ld. P.O., D.R.T.-III Mumbai, dated 06.12.2022 wherein observations were made regarding the compounding of risk charges involved in the claim by the creditor. In fact, the amount due to be paid by the borrower is to be ultimately decided in the O.A after taking into consideration the claim of risk charges as well.
The O.A. is of the year 2009 and I find that it was not fair on the part of the Ld. P.O. to decide the issue regarding compounding of risk charges prematurely, at the preliminary stage. I, therefore, find that the Appeal itself can be disposed of and allowed, keeping open all the issues contested by both sides.
I am told that the O.A. is ripe for hearing. The Ld. Presiding Officer, Debts Recovery Tribunal No. III, Mumbai, shall therefore endeavour to dispose of the aforesaid O.A. as expeditiously as possible, untrammelled by the observations made by his predecessor in office.
All other Miscellaneous Applications, if any, are dismissed as infructuous.