1 WP 1862.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1862 OF 2011 Oberoi Realty Limited and Anr. ... Petitioners. V/s. Hotel Sai Siddhi Private Limited and Ors. ... Respondents. Mr. Aspi Chinoi, Senior Advocate with Mr. Gaurav Joshi i/b. IC Legal for the Petitioners. Mr. Jaideep Lele with Ms. Jahan-Ara Sarkhot for Respondent 1. Mr. Lalitkumar Jain i/b. Lalitkumar Jain & Co. for Respondent 2. CORAM : DR. D.Y. CHANDRACHUD & A.A. SAYED, JJ. 30 NOVEMBER 2011. P.C. :- The impugned order dated 31 May 2011, passed by the DRAT was on an application for waiver of deposit under the Second and Third provisos to Section 18(1) of the Securitization Act. The DRAT has taken the view that the Appellant is not required to make any deposit under Section 18(1). 2. At the hearing of this Petition, Counsel appearing on behalf of the First Respondent which is the Appellant before 2 WP 1862.11.sxw the DRAT states that he has instructions not to press the Appeal before the DRAT. 3. Learned Counsel are agreed that in view of this statement, the Application for waiver which was made in the Appeal before the DRAT would not survive and the Appeal would stand dismissed as withdrawn. 4. In the circumstances, the impugned order dated 31 May 2011 would not survive and would accordingly stand set aside, by consent. 5. Counsel appearing on behalf of the First Respondent, in terms of the statement made before the Court, undertakes on behalf of the First Respondent that formal orders for recording the withdrawal of the Appeal in terms of the present order shall be obtained before the DRAT forthwith. The Petitioners have no objection to this course of action being following. 6. The Petition is accordingly disposed of. There shall be no order as to costs. (Dr. D.Y. Chandrachud, J.) (A.A. Sayed, J.)