K.S.Kumaran, - (1.)THIS is an appeal against the order dated 2.9.2003 passed by the learned Presiding Officer of the Debts Recovery Tribunal, Delhi-I (hereinafter referred to as 'the DRT') in I.A. 352/2003 in O.A. 261/96. THIS application filed by the appellant/6th defendant before the DRT was to direct the respondent-Bank either to admit or deny the documents filed by the appellant/6th defendant as per the list attached with the application. The learned Counsel for the appellant/6th defendant contends that the very first document is a notice sent on behalf of the appellant/6th defendant cancelling/withdrawing the guarantee. He also contends that similar notices have been given and a reply has also been received. According to the learned Counsel for the appellant/6th defendant, these documents are essential for the decision of the O.A. The learned Presiding Officer of the DRT has stated that this application will be considered at the time of hearing the final arguments, since the O.A. has reached the stage of final arguments. The learned Counsel for the appellant/6th defendant rightly contends that if this application is considered and disposed of along with the O.A. by passing an adverse order against the appellant, the appellant will lose the opportunity to file an appeal and, therefore, contends that this application should be disposed of before-ever the O.A. is taken up for final arguments.
(2.)I agree with the learned Counsel for the appellant/6th defendant in this regard. I am of the view that this appeal can be disposed of at this stage with a direction to the learned Presiding Officer of the DRT to decide this application mentioned above first before-ever he takes up the final arguments in the O.A. itself.
Accordingly, this appeal is disposed of with a direction to the learned Presiding Officer of the DRT to take up this application first, consider it in accordance with law, and dispose it of after giving opportunity to both sides before-ever he takes up the O.A. for final arguments. The appeal is disposed of accordingly.

(3.)COPY of this order be furnished Dasti to the appellant, be served upon the respondents, and also be forwarded to the concerned DRT.