1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1027 OF 2009 WITH NOTICE OF MOTION NO.228 OF 2009 Petronila Silvery. ..Petitioner. v/s. Allahabad Bank & Anr. ..Respondents. Mr.S.C.Naidu i/b. C.R.Naidu & Co. for Applicant. Mr.N.N.Amin for Respondent No.1. Mr.H.A.Noronha for purchaser. CORAM:- SWATANTER KUMAR,CJ. AND A.M.KHANWILKAR, J DATED :- SEPTEMBER 7, 2009. P.C. 1. With the consent of the parties, both Writ Petition as well as Notice of Motion are taken together for final disposal. During the course of hearing, it is commonly agreed that both these matters can be disposed of by consented order. The agreed terms are as follows: (i) The Application of the present Petitioner for condonation of 2 delay before the DRAT which was dismissed by order dated 20th March, 2009, shall be deemed to have been allowed and order dated 20th March, 2009 has been set aside. (ii)The Application filed by the present Petitioner for recalling or reconsidering the order dated 5th October, 2006 shall be considered on its own merit and without prejudice to the rights and contentions of the parties (iii)Till decision of that Application, the property which is in the possession of the Court Receiver, High Court, Bombay shall be restored to the Recovery Officer, DRT, who shall maintain status quo as on the date of his taking possession. This interim order shall continue and will be subject to such orders, as may be passed by the DRT in accordance with law. (iv)The amount deposited by the Auction purchaser in the DRT shall be forthwith invested which can even be with the Respondent Bank if prevailing market interest is offered and interest accrued thereon shall be disbursed as per the order of the DRT. 2. It is submitted that hearing of the Application may be expedited. We 3 find the above terms and conditions just, equitable and fair. We pass order in terms of thereof and direct the DRT to proceed with the hearing of the Application expeditiously, preferably within six weeks from today. Writ Petition as well as Notice of Motion disposed of on the above terms. 3. The Court Receiver be discharged after taking of accounts without passing of accounts but after payment of Receiver if any is made by the Petitioner. CHIEF JUSTICE A.M.KHANWILKAR, J