- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 982 OF 1997 Asset Reconstruction Company (India) Ltd. .. Appellant Vs. Parasrampuria Synthetics Ltd. & Ors. ..Respondents Mr. Durgesh Khanapurkar i/b Manilal Kher Ambalal & Co. for the Appellant. None for the Respondents CORAM : D. K DESHMUKH AND Smt. R. P. SONDURBALDOTA , JJ DATED : JUNE 15, 2010. PC :- . This appeal is directed against the order dated 29th September 1997 passed by the learned Single Judge of this Court in Notice of Motion No. 2584 of 1997 in Suit No. 3287 of 1997. That Notice of Motion was taken out by the plaintiff. By the order, impugned in the appeal, the learned Single Judge has granted some of the interim reliefs, prayed for by the plaintiff, and has declined part of the interim reliefs, claimed by the plaintiff. In this appeal, by an order dated 5th - 2 - November 1997 this Court has granted ad-interim relief in favour of the plaintiff/appellant, which has been operating so far. During pendency of this appeal, the provisions of the Debt Recovery Tribunal was made applicable to Bombay and the Debt Recovery Tribunal has been established. We have been informed by the learned counsel for the appellant that Suit No. 3287 of 1997 has been transferred to the Debt Recovery Tribunal and is pending before it. The order which is challenged in this appeal was an ad-interim order passed by the learned Single Judge. The order dated 5th November 1997 to which we have referred above, was passed by the Division Bench in the appeal also grants ad-interim relief in favour of the plaintiff. In our opinion, in view of transfer of suit to the Debt Recovery Tribunal, it will not be appropriate and necessary for this Court to consider the question as to what would be appropriate interim order to operate during pendency of the proceedings before the Debt Recovery Tribunal. It will be appropriate that such questions would be considered and decided by the Debt Recovery Tribunal itself. In our opinion, therefore, disposing of the appeal in following terms will serve the interest of justice- (i) Ad-interim order impugned in the appeal and the ad-interim order dated 5th November 1997 passed in this appeal shall continue to - 3 - operate for a period of 12 weeks from today. (ii) The plaintiff shall be at liberty to make an application for appropriate interim order before the Debt Recovery Tribunal. In case such an application is made, the Tribunal shall consider that application, in accordance with law and pass the orders thereon. Sd/- Sd/- [Smt. R. P. SONDURBALDOTA , J.] [D. K DESHMUKH , J.]