1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.21 OF 2007 IN COMPANY PETITION NO.767 OF 1997 Industrial Development Bank of India Ltd. ..Applicant. V/s. The Official Liquidator, High Court Bombay. ..Respondent. Ms.Shilpa Kamble i/b. Shukla & Shukla for applicant. Mr.S.Ramakantha, Dy. O.L. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 7, 2008. DATE : MARCH 7, 2008. DATE : MARCH 7, 2008. P.C. : P.C. : P.C. : 1. There is no reason to doubt the correctness of the statement made by the representative of the Official Liquidator that the Applicant is party in the proceedings before the DRT where the relief claimed in the present application by the Applicant herein can be redressed. This observation was made even on the earlier occasion when the Application was taken up for hearing. Counsel for the Applicant however, insists that the Applicant is not a party to the proceedings before the DRT, without producing any material to substantiate that position Whereas statement made by the Official Liquidator is 2 supported by the affidavit filed before this Court. 2. The representative of the Official Liquidator has once again invited my attention to the fact that DRT proceedings in respect of the subject matter are pending and will be heard on 13th March, 2008. The Applicant, as observed in my order dated 6th December, 2007 ought to have taken steps to pursue their claim before the DRT in the said proceedings. That has not been done so far. In any case the issue raised in the present Application cannot be addressed, as that will have to be considered in the first place by the DRT in the pending proceedings. The Applicant, if so desire may appear in the said proceedings and pursue its claim which will have to be decided on its own merits in accordance with the law. 3. This Application is disposed off with liberty to the Applicant to take recourse to such remedy as may be permissible by law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)