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Judgment
Ashok Menon, Chairperson
The Appellant is in Appeal, a financial institution impugns the order in I.A. No. 1861/2022 in S.A. No. 240/2022 on the files of the D.R.T.II, Mumbai dated 11.08.2022 wherein an ad -interim relief was granted in favour of the applicant in the S.A. preventing the Appellants from proceeding ahead with the Sarfaesi measures initiated against the Respondents.
The prima facie finding of the learned Presiding Officer was that the NPA classification is improper, the notice u/s 13 (2), and the mandatory provision u/s 13 (3) of the SARAESI Act were also flawed or infringed.
On going through the impugned order, I find that the finding is on a prima facie assessment, and the contentions in defiance raised by the Appellant herein have not been considered in detail. Being a prima facie finding made for the purpose of granting an Ad -interim order, it would definitely not influence the findings when the S.A. is ultimately taken up for hearing and disposal.
Under the circumstances I find that the interests of justice would be served in disposing of this Appeal with a direction to the D.R.T. to dispose of the S.A. itself as expeditiously as possible at any rate within a period of two months from the date of receipt of this order.
Whatever is observed in the impugned order on prima facie findings, should not preclude the Ld. P.O. from considering the issues afresh. I make it clear that I am not entering into the merits of this case and all the contentions are left open for consideration in the S.A.