C.W.P No. 19833 OF 2010 ****** Smt. Poonam Mittal vs. The Debts Recovery Appellate Tribunal and others Present : Mr. Atul Sharma, Advocate for the petitioner. Mr. C.S. Pasricha, Advocate for the respondent-caveator. ******* During hearing of this petition a consensus has emerged between learned counsel for the parties. Learned counsel for the petitioner has unequivocally undertaken that the petitioner shall deposit the entire amount demanded with up-to-date interest and costs on or before 30.11.2010 with the further undertaking that in case of any default the petitioner shall have no objection to the conclusion of the proceedings under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and would not challenge any further proceedings therein. In view of this statement learned counsel for the respondents states that he has no objection if the petition is allowed and the proceedings under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 be set aside. Hence it is ordered that in case the petitioner makes the entire payment as demanded by the respondents with up-to-date interest and costs on or before 30.11.2010, this petition shall stand allowed and in case of default on the part of the petitioner, this petition shall stand dismissed and as per the statement of learned counsel for the petitioner, the petitioner will accept the proceedings which have been initiated against him under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 . The only caveat made is that after the deposit the petitioner C.W.P No. 19833 OF 2010 -2- would be at liberty to represent to the respondent-bank in respect of any amount which as per the petitioner is overpaid. In the meantime let there be status quo with regard to the property which has been taken over by the bank. ( AJAY TEWARI ) November 09, 2010. JUDGE sunita