1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1168 OF 2009 ICICI Bank Ltd. ..Petitioner. V/s. Betul Oils and Flours Ltd. & Ors. ..Respondents. Mr.Virag Tulzapurkar a/w. Mr.Birendra Saraf, Mr.Sachin Chandarana & Ms.Ankita Bajpai i/b. M.K.Ambalal & Co. for Petitioner. Mr.F.E.D’vitre a/w Mr. Peer Moiddin & Vinod Kothari i/b. Apex Law Partners for Respondents. CORAM: SWATANTER KUMAR,C.J. AND A.M.KHANWILKAR,J DATE : JULY 24, 2009. P.C. : 1. After some arguments, learned Counsel appearing for the parties submits that the Writ Petition can be disposed of by Consent Order on the following terms. (i) The impugned order is set aside. (ii)The matter is remanded to the Appellate Authority i.e. DART, which shall hear the parties on merits and 2 decide the same afresh in accordance with law. (iii)This direction is without prejudice to the rights and contention of the parties, which are left open. 2. We find this Consent Order just, fair and equitable to meet the ends of justice and accordingly, allow the Writ Petition on the above terms. Writ Petition disposed of accordingly. 3. The Order dated 28th August, 2008 shall continue till final disposal of the Appeal, subject to orders of the Appellate Authority. CHIEF JUSTICE A.M.KHANWILKAR,J