Kambli 1 Wp(L)271.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.271 OF 2011 ... Ajit Dugal ...Petitioner v/s. Assets Reconstruction Company (I) Ltd. & others ...Respondents ... Mr.Chitaranjan Kumar i/b Chitaranjan & co. for Petitioner. Mr.J.P.Cama, Sr.Advocate with Mr.V.V.Joglekar, Mr.Rajiv Ranjan i/b Shrishail Kittad for Respondent No.1. Ms.Jaymala Raut i/b Juris Consultus for Respondent No.2 & 3. ... CORAM: D.K.Deshmukh & K.K.TATED, JJ DATED: 1st March, 2011 P.C.: By the order which is impugned in this petition, what is done is that one of the Applicants before the D.R.T. has been permitted to delete its name as an Applicant and is transposed as a Defendant with liberty to file separate O.A. The Petitioner is the debtor/guarantor, therefore is a Kambli 2 Wp(L)271.11 Defendant in the Application. If one of the applicants deletes itself as an applicant with an intention to file its own independent proceedings for recovery of its dues, the debtor/guarantor would not be able to oppose it, because it is the choice of the creditor to decide either to join other creditors in the proceedings for recovery or to file its own independent proceedings. No rights of the debtor/guarantor can be said to be violated by the order which permits one of the creditors to delete itself as an applicant with liberty to institute its own recovery proceedings. In case independent proceedings are filed, all the defences would be available to the debtor/guarantor to be raised in such proceedings. In our opinion, the Petitioner has no locus to make a grievance against the order impugned in the petition. Petition is rejected. (D.K.DESHMUKH, J.) (K.K.TATED, J.)