Arun Tandon, J. - (1.) IN pursuance to the judgment and order dated 11th April, 2011, the property of the petitioner judgment -debtor company was put to auction. An application was filed by the petitioner before the Debt Recovery Tribunal stating therein that there has been violation of the statutory Rules, which regulate the auction of the property. Other gourds were also raised. Taking into consideration, the objection so filed by the petitioner -judgment debtor, the Debt Recovery Tribunal directed that the confirmation of the auction shall remain stayed vide order dated 19th January, 2012. The Bank and the auction purchaser filed separate appeal being Appeal No. 456 of 2011 and Appeal No. 457 of 2011. Both the appeals have been decided under common judgment dated 24th December, 2011. The appellate authority having regard to the circumstances and the facts as they exist on record has come to a conclusion that the order staying the confirmation of sale was not justified. Therefore, it has set aside the said order. The appellate authority has, however, provided that the confirmation of the auction sale shall abide by the orders to be passed on the application made by the petitioner -judgment debtor objecting to the sale, which is still to be finally disposed of by the Debt Recovery Tribunal. A further observation has been made by the appellate tribunal that any opinion expressed in the appellate order shall not prejudice the rights of either of the parties in the pending proceedings before the Debt Recovery Tribunal. It is against this order that the present writ petition has been filed. Having examined the records of the present writ petition, this Court finds no good ground to interfere with the order of the appellate authority. However, in the facts and circumstances of the case on record, following directions are being issued: (a) The Debt Recovery Tribunal shall proceed to consider and decide the application made by the petitioner being S.A. No. 714 of 2011 at the earliest possible without granting any unnecessary adjournment to either of the parties. In any case, the application must be finally decided within two months from the date a certified copy of this order is filed before the Tribunal concerned. (b) Any observations made by the appellate authority under the order impugned shall not prejudice the rights of either of the parties nor the Tribunal shall be influenced by any observations made by the appellate authority under the order impugned in any manner. (c) The auction purchaser is restrained from making any further transfer of the property in question. Any constructions raised shall abide by the orders to be passed in the pending application before the Debt Recovery Tribunal.
(2.) WITH the aforesaid observations/directions the present writ petition is disposed of finally.;