PNP 1 CAL24906-22.9.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.24906 OF 2011 IN WRIT PETITION NO.7265 OF 2011 M/s. On Wheels Logistics (P) Ltd. and others ..Petitioners. versus The Federal Bank Ltd. and others ..Respondents. ..... Mr. Sanjay Jain with Mr. Vivek Phadke i/b Kaikini Phadke & Associates for the Petitioners / Applicants. Mr. Vivek V. Sawant i/b Kusumakar Kaushik for Respondent No.1. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 22 September 2011. P.C. : 1 On the request of Counsel appearing on behalf of the Petitioners and with the consent of Counsel appearing on behalf of the First Respondent, the Civil Application is taken up on Board and is called out. 2. By an order of this Court dated 5 September 2011, the Petitioners were relegated to the remedy of an appeal before the Debts Recovery Appellate Tribunal. Since the chairperson of the Debts Recovery Appellate Tribunal at Kolkata who has concurrent charge over the Debts Recovery Appellate Tribunal at Mumbai was likely to convene proceedings at Mumbai in the near future, Counsel PNP 2 CAL24906-22.9.sxw appearing on behalf of the First Respondent had made a statement that for a period of two weeks, the Respondent shall not take coercive steps against the Petitioners in respect of the secured asset without prejudice to its rights and contentions. The Court is informed that the hearings have not been convened at Mumbai since the passing of the order dated 5 September 2011 and the Petitioners now propose to move the chairperson of the Debts Recovery Appellate Tribunal at Kolkata. To facilitate the Petitioners doing so and since the ad interim protection by the order dated 5 September 2011 was to remain in force for a period of two weeks, we direct in the interests of justice that the First Respondent shall in terms of the previous order dated 5 September 2011, not take any coercive steps against the Petitioners in respect of the secured asset for a further period of three weeks from today. This would be without prejudice to the rights and contentions of the First Respondent. We clarify that no further extension of time would now be granted and if the Petitioners fail to obtain any ad interim protection from the chairperson of the Debts Recovery Appellate Tribunal at Kolkata, the First Respondent would be at liberty to proceed in accordance with law. The Civil Application is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)