Pnb Housing Finance Ltd. v. Union Of India And ORS

25. WP 3792-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3792 OF 2022 PNB Housing Finance Ltd.

...

Petitioner vs.

Union of India and Ors.

...

Respondents Mr. Sanjay Anbhawane for Petitioner.

Mr. Mayur Khandeparkar with Mr. Pankaj Uttarodhi for Respondent No.2.

CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE : 10 APRIL 2023 P.C. :

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Heard learned Counsel for the parties.

Petitioner, a financial institution is aggrieved by the order passed by the Debt Recovery Appellate Tribunal dated 23 October 2019. The Appellate Tribunal in an Appeal which was filed in an order passed in an interlocutory application has remanded the proceedings to the Debt Recovery Tribunal. The Securitisation Application is still pending.

Learned Counsel for the Petitioner-Bank states that it is in the interest of the Petitioner-Bank that the Securitisation Application is decided early, however, the Petition is filed because of certain observations are made against the officers of the Petitioner by the Nikita Gadgil

25. WP 3792-22.doc Debt Recovery Appellate Tribunal.

We have gone through the said observations. The observations were made in the context of remand and the main proceedings are still pending. The observations, as the impugned order itself would indicate are prima facie. We further clarify and reiterate that the observations not to be treated as final as these observations may prejudice the parties when the proceedings are taken up for adjudication on merits. Clarifying the above position, we dispose of the Writ Petition.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2023.04.12 15:01:01 +0530 NIKITA YOGESH GADGIL Nikita Gadgil