PNP 1 WP9389-2.12.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9389 OF 2010 M/s. Laxmi Organic Industries Limited ..Petitioner. versus The Maharashtra State Co-operative Bank Ltd. and Others ..Respondents. ..... Mr. Vineet Naik with Mr. Vatsal Shah i/b Naik Paranjape & Co. for the Petitioner.. Mr. N.D. Yelkar for Respondets 1 and 2. ...... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA , JJ. 2 December 2010. P.C. : This Petition seeks to impugn the correctness of an order passed by the Debts Recovery Tribunal on 29 September 2010. We are not inclined to entertain the Petition since the Petitioner has already lodged an appeal before the Debts Recovery Appellate Tribunal, which is to come up for hearing on 6 December 2010. The grievance of the Petitioner is that the appeal has been adjourned on 20 October 2010, 29 October 2010 and 15 November 2010. In the meantime, it is stated that the undertaking of the Petitioner has been closed as a result of the attachment which has been levied. The Petitioner has moved an application for interim relief before the appellate tribunal which is pending. Counsel appearing on behalf of the First and Second Respondents states that his clients would co- PNP 2 WP9389-2.12.sxw operate in the expeditious disposal of the appeal, or as the case may be, application for interim relief and will not seek a further adjournment on the next date of hearing. We therefore decline at this stage to exercise our jurisdiction under Article 226 in view of the pendency of the proceedings before the Debts Recovery Appellate Tribunal. We, however, request the appellate tribunal to either take up the appeal pending before it or in the event it is not possible to do so, to determine the application for interim relief which is now stated to come up before the Tribunal on 6 December 2010. The Petition is accordingly disposed of. There shall be no order as to costs. We have not expressed any view on the merits of the rival contentions. (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta, J.)