-: 1 :- wp-5057/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5057 OF 2011 Dombivli Nagari Sahakari Bank Ltd & Ors. ..Petitioners. Versus M/s. Lokmanya Plastics & Others. ..Respondents. Mr. P. S. Dani for the petitioners. Mr. Sanjay Kshirsagar for R-1. Mr. R. M. Patne, AGP for R-3 to 5. Coram : RANJIT MORE, J. Date : September 21, 2011. P. C. : 1. Heard learned counsel for the respective parties. By this petition, the petitioner is challenging the order dated 26/5/2011 passed by respondent no.5 in Revision No.420 of 2008. By the said order, the revision filed by respondent no.1 is partly allowed and the order passed by respondent no.4 on 21/1/2008 is quashed and set aside. In addition to this, respondent no.1 was given leave to proceed against petitioner nos.2, 3 and 4 under section 148(3) of the M.C.S.Act, 1960. 2. The main grievance of the learned counsel for petitioner is that the impugned is passed ex-parte without hearing srp -: 2 :- wp-5057/11 petitioners. He submits that on merits also the impugned order is not sustainable. 3. Mr. Kshirsagar, learned counsel for respondent no.1, after taking instructions from respondent no.1, who is present in the Court, agrees for setting aside the impugned order and remand of matter to respondent no.5. 4. In view of the concession given by respondent no.1, no reasons are required to be given for quashing and setting aside the order impugned in the petition. Writ petition is, therefore, disposed of by passing following order. -: O R D E R :- (i) The impugned order dated 26/5/2011 passed by respondent no.5 in Revision Application No.420 of 2008 is hereby quashed and set aside. (ii) The matter is remanded to respondent no.5 for afresh decision (iii) Respondent no.5 shall decide the said revision on its own merits, in accordance with law and after hearing all concerned parties. (iv) Respondent no.5 shall endevour to decide the said revision as expeditiously as possible and preferably within the period of 6 months from the date of receipt -: 3 :- wp-5057/11 of a copy of this order. (v) It is made clear that this Court has not expressed any opinion on the merits of the case. All the points and contentions, including the question of maintainability of revision, of the respective parties are expressly kept open. (RANJIT MORE, J.)