1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 367/2009 ( The Vidarbha Metallica and another vs. State Bank of India and another) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 27th January, 2009. *** 1. Heard Shri Sunil Manohar, learned counsel h/for Shri S. Khedkar, for the petitioners and Mr Anil Kumar, learned counsel for Respondent No. 1-Bank. 2. It is brought to the notice of this Court that against the order dated 15th July 2007 passed by Debts Recovery Tribunal, Nagpur, an appeal is pending before the Debts Recovery Appellate Tribunal at Mumbai; however could not be taken up, for want of Presiding Officer. It is further brought to the notice of this Court that now the Appellate Tribunal is functioning and, therefore, Mr. Manohar, counsel for the petitioner and Mr Anilkumar counsel for the Bank, have submitted that both the parties will request the Appellate Tribunal to take up the matter for necessary orders in view of the fact that the property in question is likely to be put to auction on 31.1.2009. 3. In the circumstances, we dispose of the 2 Petition, keeping the issues open, with liberty as prayed for by the respective parties and expect the Appellate Tribunal to hear the matter on 30th January, 2009 since the auction of the property in question is on 31.1.2009. 4. Steno copy allowed. JUDGE JUDGE sahare