1 wp1975-10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.1975/2010. Jalgaon Janata Bank Ltd. Vs Mahavir Urban Co-op.Credit Society & Ors. ... Shri A.N.Nagargoje,Adv.for Petr Shri A.D.Shinde,Adv.for R.1 Shri R.P.Phatake,A.G.P. for R-6. Respondent no.6 served Shri Kulbhushan Deshpande,Adv.for R.5 Shri K.J.Suryawanshi,Adv.for R.8. .... CORAM : D.B.BHOSALE & R.M.BORDE,JJ. DATE : 03/03/2011. 1] In this petition, the petitioner-bank has taken exception to the order dated 23/2/10 passed by the Debt Recovery Appellate Tribunal, Aurangabad, rejecting an application filed by the petitioner for condonation of 55 days delay caused in filing the appeal. 2] We have heard learned counsel 2 wp1975-10 for the parties. They have stated that we need not record reasons for allowing this Petition and they have agreed for the following order : 3] The order dated 23/2/2010 is set aside. The delay of 55 days caused in filing the Appeal is condoned. 4] The Debt Recovery Appellate Tribunal, Aurangabad shall endeavour to dispose of Appeal No. 42/10 as expeditiously as possible and preferably within a period of 8 weeks from the date of receipt of this order. Learned counsel for the parties are allowed to produce copy of this order before the Debt Recovery Tribunal within a period of 2 weeks from today. 5] We have perused the order dated 4/3/2010. Keeping that in view, learned counsel for the parties have agreed for directions to the Recovery Officer, Debt Recovery Appellate Tribunal, Aurangabad, not to confirm the auction till the disposal of the Appeal. Order accordingly. 6] It is needless to mention that the Debt Recovery Appellate 3 wp1975-10 Tribunal shall decide the Appeal on merits in accordance with law. While passing this order, we shall not be understood to have examined the merits of the case. Writ Petition is disposed of. (R.M.BORDE,J.) (D.B.BHOSALE,J.) umg/wp1975-10