R.K. GUPTA (Chairperson)

1. These are two appeals which are decided by a common order because the question in the present case is a common. Appeal No. R-23/13 has been filed by the appellant challenging the order passed by the Tribunal on 30th November, 2012 in Appeal No. 03/10, by which the Tribunal has allowed the appeal so preferred by the Bank in exercise of the powers conferred under Section 30 of the RDDBFI Act, 1993. Appeal No. R-22/13 has been filed by the appellant against the order passed by the Tribunal on 30th November, 2012 in appeal No. 02/10, by which the Tribunal has allowed the appeal of the borrower.

2. Before the Tribunal two appeals were preferred one by the borrower and another by the respondent-Bank challenging the order passed by the Recovery Officer on 7th January, 2010. Appeal preferred by the borrower has been allowed by the Tribunal and as a consequence of the order passed in appeal preferred by the borrower, the Tribunal has also allowed the appeal preferred by the Bank which is reflected from the orders impugned passed by the Tribunal.

3. Before the Tribunal the borrower as well as the Bank preferred the appeals under Section 30 of the RDDBFI Act