1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3351 OF 2010 (Punjab National Bank vs. Shri Nathuji Namdeo Rokade & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 13, 2010. Heard Shri Bade, learned counsel for the petitioner. Debt Recovery Appellate Tribunal (DRAT) has remanded the matter to Debt Recovery Tribunal (DRT) for deciding the application under Order 7, Rule 11 of Civil Procedure Code before adjudication of the controversy on merits. According to Shri Bade, learned counsel, the recourse is not valid and in any case it permits the respondents to unnecessary prolong the adjudication of main dispute. He, therefore, states that the course adopted by DART to adjudicate said application along with merits of the controversy is just and proper at least in present facts. The law permits filing of application under Order 7, Rule 11 of CPC and application, therefore, needs to be decided before adjudication of controversy on merits and if the application is to be allowed, plaint itself deserves to be rejected. The defence is not relevant 2 while adjudicating that application. The anxiety of Shri Bade, learned counsel that such adjudication can be used to delay final adjudication of controversy by DRT can be taken care of by passing appropriate orders by DRT as also by DRAT in the matter. The said anxiety cannot be the valid reason to deviate from the settled course of law. Hence with observation that DRT as also DRAT shall keep in mind the necessity of expeditious disposal of controversy, present writ petition is disposed of. No order as to costs. JUDGE *GS.