Dmt 1 wpl2143-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2143 OF 2011 M/s. Adios Trading Ltd., & Ors. .. Petitioners. versus Central Bank of India & Ors. .. Respondents. ..... Mr. M.M. Vashi i/by M/s. M.P. Vashi & Associates for the Petitioners. Mr. R.J. Singh for Respondent No. 1. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 10 October 2011. P.C. : This petition under Article 226 of the Constitution is directed against the order of the Debt Recovery Tribunal Dmt 2 wpl2143-11 dated 17 August 2011. The Defendants in the application who are the Petitioners before this Court took out an application for stay of the Original Application filed by the Petitioners unless leave of this Court was obtained. From the impugned order it appears that the basis on which the application was moved was that certain part of the property was in possession of the Court Receiver who has been appointed in Suit No. 718 of 2004 filed by the original 3rd Defendant. 2. Ordinarily, we would have relegated the Petitioners to pursue the remedy of an appeal before the DRAT. However, on the joint request of the learned Counsel we have entertained this petition since it appears that there is a vacancy in the office of the DRAT at Mumbai and though the Chairperson of the DRAT at Calcutta has been given concurrent charge parties are required to move proceedings at Calcutta. We find from the impugned order that the DRAT has sufficiently protected the parties and has passed an order by directing that if and when the properties are declared as Dmt 3 wpl2143-11 mortgaged and required to be sold, necessary leave of the Court will have to be taken. Consequently, in the concluding part of its order, the Tribunal has granted liberty to the parties to point out at the time of final arguments that the mortgaged property is in the custody of Court Receiver. These directions are in accordance and consistent with law and sufficiently protect the parties. 3. The Petition is accordingly dismissed. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)