Tribunals and CommissionsSingle Bench(2023) 01 DRAT CK 0046

M/s. Royal Medical Trust vs Central Bank of India

Debts Recovery Appellate Tribunal · Decided on 30 January 2023

HON’BLE JUDGES
S. Ravi Kumar, Chairperson
RESULT
Disposed Of
CASE NUMBER
MA (SA) 39 Of 2022

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Judgment

6 paragraphs · 214 words

S. Ravi Kumar, Chairperson

1.

This Appeal is preferred against Interlocutory Order dated 27.06.2022 in IA 1011/2012 in SA 273/2022 of DRT-I, Ernakulam.

2.

Both sides submitted their arguments touching merits of main case but, I am not recording them as it would amount to influencing Tribunal below in respect of merits, which have to be decided in main Securitisation Application.

3.

Main grievance of Appellant appears to be that Tribunal below has made certain observations in para 4 of its Order about credit facilities availed by Appellant, and that observation may influence Tribunal below at the time of final disposal of main Securitisation Application. As it is the main apprehension of Appellant, I deem it appropriate to clarify that Tribunal below shall decide Securitisation Application, without being influenced by any of its observation made in Interlocutory Order, independently, basing on the material produced before it, after giving reasonable opportunity to both sides and dispose of Securitisation Application, on merits, in accordance with law, as expeditiously as possible.

4.

It is made clear that no opinion is expressed about correctness of the Order under challenge in this Appeal.

5.

With the above observations, Appeal MA (SA) 39/2022 is disposed of. Both parties shall bear their own costs. All pending IAs, if any, stand closed.