1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4242 OF 2009 IN APPEAL NO.53 OF 2006 IN COMPANY PETITION NO.817 OF 2004 Dynamic Logistics Pvt. Ltd. .... Appellants V/s. ICICI Bank Ltd. ..... Respondent And Small Industries Development Bank of India ..... Applicant Ms.Shweta Sharma a/w Rushan Shah i/by Raval Shah & Co., for the appellants. Mr.Durgesh Khanapurkar i/by Manilal Kher Ambalal & Co., for respondent No.1. Mr.Sanjeev Punalekar i/by PRS Legal, for the applicant. CORAM :P.B.MAJMUDAR, & ANOOP V. MOHTA, JJ. DATE : 22ND JANUARY, 2010 P.C. 1. It is an admitted fact that the applicant was not a party to the Appeal No.53 of 2006, which arose out of Company Petition No.817 of 2004. In this view of the matter, consent terms signed by the appellant and respondent is not binding to the present applicant. However, it will be open for the applicant to take appropriate proceedings in this behalf. The learned counsel for the applicant submitted that proceedings in this behalf are pending before Debt Recovery Appellate Tribunal, wherein applicant 2 has asked for necessary reliefs. It will be open to Debt Recovery Appellate Tribunal to adjudicate the said proceedings in accordance with law and on its own merits. It is clarified that we have not expressed any opinion on the merits of the issue and it will be open to the applicant to ventilate his grievance before the concerned forum in accordance with law. We also clarify that this Court has not adjudicated any point on merits in any manner. Realizing this difficulty, the learned counsel for the applicant states that he is not pressing this notice of motion, as he would like to agitate the grievance raised in this motion before the appropriate forum. 2. Subject to what has been stated above, the notice of motion is disposed of. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J.)