Dmt 1 wpl2355-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2355 OF 2011 Kotak Mahindra Bank Ltd., .. Petitioner. versus The Official Liquidator of Girna Sahakari Sakhar Karkhana Ltd., & Ors. .. Respondents. ..... Mr. Berjis Colabawala with Mr. Nikhil Rajani i/by M/s. V. Deshpande & Co. for the Petitioners. Mr. Arif Bookwala, Sr. Adv. with Mr. Mihir Desai i/by Mr. Ashish S. Gaikwad for Respondent No.1. Mr. Kalpesh Parekh i/by Pragna Thakkar & Co. for Respondent Nos. 2 & 3. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 21 October 2011. Dmt 2 wpl2355-11 P.C. : The Petitioner has already moved the Debt Recovery Tribunal in an appeal against the order dated 19 October 2011 of the Recovery Officer. The Court is informed that the appeal has been circulated for 25 October 2011. The apprehension of the Petitioner is that in the meantime in compliance of the order of the Recovery Officer, the First Respondent may make disbursement which would have the effect of defeating the rights of the secured creditors. The learned Counsel appearing on behalf of the First Respondent states that the apprehension is unfounded and since the Registrar of the Debt Recovery Tribunal is on leave, there is no possibility of the Registrar signing the cheques until 31 October 2011. 2. In the circumstances, the Petition is disposed of as not pressed. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.) Dmt 3 wpl2355-11