VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 8 OF 2008 IN WRIT PETITION No. 2586 OF 2007 Sh. Kaluram K. Khanna Petitioner Vs. Indian Overseas Bank & Anr. Respondents Dr. K. K. Khanna, for the Petitioner. Mrs. Sonali Shinde i/b M/s. Consulta Juris, for the Respondent No.1. CORAM : F.I. REBELLO, & A. A. KUMBHAKONI, J. DATE : SEPTEMBER 30, 2008. PC :- 1. By the order of this Court dated 23rd April, 2007 a direction was issued to decide the counter-claim by the DRT. The issue as to whether the DRT has jurisdiction to entertain the counter-claim, has to be decided by DRT, if objection has been raised. We find that order was passed by the DRT on 22-11-2007, seeking clarifications. We fail to understand how the DRT has sought clarification considering the clear directions to DRT. Once the order of this Court was there, the DRT is bound to decide the counter- claim, subject to issue of - 2 - jurisdiction. 2. The counter-claim is in the nature of a suit and mere disposal of the original claim will not result in the disposal of the counter-claim. We therefore, direct the DRT to dispose of the counter- claim, considering the order of this Court dated 23rd April, 2007 within six months from today. 3. We make it clear that the issue whether the counter-claim is maintainable before the DRT, has not been decided by us. That issue can be independently decided by the DRT. Sd/- [ F.I. REBELLO, J.] Sd/- [ A. A. KUMBHAKONI, J.]