1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 237 OF 2008 Hotel Amir Pvt. Ltd. & Ors. .. .. Petitioners. Versus Rupee Co-operative Bank Ltd.& Ors. .. .. Respondents. Mr. P.K.Dhakephalkar i/by Mr. Rajeev Matkar for the Petitioners. Mr. K. V. Tembe for Respondent No.1. Mr. D.A.Nalawade, Government Pleader for Respondent No.3. CORAM: BILAL NAZKI and S. A. BOBDE, JJ. DATED : 5TH FEBRUARY, 2008. P. C.: This is a writ petition challenging an order of the Chairperson of the Debts Recovery Appellate Tribunal, Mumbai in Appeal No. 233 of 2004, by which he allowed the withdrawal of the Appeal No. 233 of 2004 on an application moved by the appellants. The writ petitioners were the respondents in the appeal and they object to the said order on the ground that they were interested in the appeal and the appeal should not have been allowed to be withdrawn without giving an opportunity of hearing them. Learned Counsel for the petitioners has not been able to show us any law which would suggest that the Tribunal was bound to hear the respondents, who are the writ petitioners, before allowing the withdrawal. Therefore, we dismiss the writ petition. 2 2. However, if the writ petitioners are aggrieved of the order against which an appeal was filed, they may take the remedies that may be available to them in law. Sd/- (BILAL NAZKI, J.) Sd/- (S. A. BOBDE, J.)