AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5326 OF 2005 Mr. Sunil H. Mehta ... Petitioner Vs. Union of India & Anr. ... Respondents Ms. Indira P. Murudkar h/f P.V. Nichani & Co. for the petitioner. None for the respondents. CORAM : SMT. RANJANA DESAI & SMT. ROSHAN DALVI, JJ. DATED : JANUARY 21, 2008. P.C.:- 1. The petitioner has challenged order of the Debts Recovery Appellate Tribunal (for convenience, “the DRAT”) in Misc. Application No.409 of 2004 dated 13/7/2005 arising out of order dated 4/11/2004 passed by learned Presiding Officer, Debts Recovery Tribunal-III (for convenience “the DRT”), Mumbai. By that order, learned Presiding Officer rejected the application made by the petitioner for cross-examination and the application praying that the disputed documents be sent to the handwriting expert. AJN 2 The appeal before the DRAT was restricted to refusal to send the indenture of guarantee to the handwriting expert. The DRT's order is dated 4/11/2004. The impugned order was passed way back on 13/7/2005. We are informed by learned counsel for the petitioner that the hearing of the application is over and the matter is pending for judgment of the DRT. 2. In the circumstances, we cannot entertain this petition. However, if the petitioner is aggrieved by the refusal of the DRT to send the indenture of guarantee to the handwriting expert, the petitioner will be at liberty to raise these points in the appeal. We make it clear that we have expressed no opinion on this question and the court seized of the appeal shall dispose of the appeal independently and in accordance with law. The petition is disposed of. [SMT. RANJANA DESAI, J.] [SMT.fc ROSHAN DALVI, J.]