1 wp5740.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5740 OF 2011 Networth Stock Broking Ltd. ......Petitioner. Vs. Bank of India .....Respondent. Mr. Rushabh Shah with Ms. Jaymala Ostwal i/by M/s. J.J. Associates for the Petitioner. Mr.O.A. Das for the Respondent. CORAM :- DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE :- 26 JULY 2011. P.C. :- Mentioned. Not on board. 2 With the consent of counsel appearing on behalf of the Petitioner and the Respondent, the Petition has been taken on board for admission and called out for hearing. 3 The Petitioner has filed two Appeals before the Debts Recovery Appellate Tribunal against orders of the Debts Recovery Tribunal 2 wp5740.11.sxw ssm dated 16 June 2010 and 28 July 2010. From the record it appears that on 13 August 2010 Counsel for the Bank had undertaken to co- operate with the Petitioner-Appellant in seeking adjournment of the proceedings before the Tribunal. The Debts Recovery Appellate Tribunal had listed the Appeal for 13 September 2010. The Appeal is still pending. In the meantime, the Court is informed that there is a vacancy in the office of the Chairperson of the Debts Recovery Appellate Tribunal. The Court is informed that the Union Government has made arrangements so that the Chairperson of the Debts Recovery Appellate Tribunal at Calcutta would officiate also as the Chairperson of the Debts Recovery Appellate Tribunal at Mumbai until a regular appointment is made. In that view of the matter, Counsel appearing on behalf of the Respondent has stated before the Court that the Respondent would co-operate with the Petitioner in seeking an adjournment of four weeks in the proceedings before the Tribunal which are now to come up for hearing on 28 July 2011 so that in the meantime, the Petitioner can move an application for interim relief before the Debts Recovery Appellate Tribunal. 4 In view of the aforesaid statement which has been made on behalf of the Respondent, Counsel appearing on behalf of the 3 wp5740.11.sxw ssm Petitioner states that the Petitioner does not seek any further directions. The Petition is accordingly disposed of. There shall be no order as to costs. 5 Counsel appearing on behalf of the Petitioner makes a statement that the Petitioner would move the Chairperson of the Debts Recovery Appellate Tribunal at Mumbai on the first available date for interlocutory relief. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)