-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 691 OF 2008 WRIT PETITION NO. 691 OF 2008 WRIT PETITION NO. 691 OF 2008 Central Bank of India .. Petitioners. V/s. Dharmesh Jagmohan Dasani & Ors. .. Respondents. --- Mr.V.R.Dhond i/by T.N.Tripathi & Co. for the Petitioners. Mr.Satish Shetye with Ms. M.Merchant i/by H.G.Ganotra for the Respondents 1 and 2. --- CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & N.D.DESHPANDE, JJ. N.D.DESHPANDE, JJ. N.D.DESHPANDE, JJ. DATED : 24TH APRIL, 2008. DATED : 24TH APRIL, 2008. DATED : 24TH APRIL, 2008. P.C. : P.C. : P.C. :- . Rule. Rule is made returnable forthwith and heard finally by consent of the parties. 2. By consent of the parties, the order dated 12.12.2007 passed in Appeal No. 393 of 2005 by the Debts Recovery Appellate Tribunal is set aside. The respondent Nos. 1 and 2 shall be at liberty to approach the Debts Recovery Tribunal for modification of the order dated 18th November, 2003 passed by that Tribunal in Original Application No. 173 of 2001. In case such an application is made, the Debts Recovery Tribunal shall decide it on its own merit without being -: 2 :- influenced by the orders passed by the Recovery Officer or by the Debts Recovery Tribunal in Appeal against that order. 3. For a period of 12 weeks from today, the petitioner Bank shall not proceed against the property which is the subject matter of this petition. 4. All contentions available to both the sides are kept open. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J.) (N.D.DESHPANDE,J.) .....