-1- W.P. No. 1715 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1715 OF 2010 Mala Ashok Kumar ... Petitioner versus Bank of Baroda and others ... Respondents Mr. V.R. Dhond with Ms. Sapna Rachure, instructed by M/s. T.N. Tripathi & Company, for the petitioner. Mr. Nahush Shah, instructed by M/s. Little & Co., for respondent No.1. None for respondent Nos. 2 to 4. Mr. Krunal Sampat, instructed by M/s. S.K. Jain & Associates, for respondent Nos. 5 and 6. CORAM: P.B. MAJMUDAR & ANOOP V. MOHTA, JJ. DATE: AUGUST 25, 2010. P.C. This petition has been filed against the order of the DRAT dated 16th August, 2010 by which the Tribunal has rejected the appeal being Misc. Appeal No. 183 of 2010 preferred by the petitioner. By the said order, the Tribunal did not permit the petitioner to cross-examine the witness of the respondent- bank in connection with certain documents. The Appellate Tribunal found that these documents are not relevant to the issue involved in the matter and dismissed the appeal. -2- W.P. No. 1715 of 2010 2. The learned counsel for the petitioner states that the Bank may be directed to file an affidavit before the Tribunal stating as to how the amount is arrived at, especially when the bills are in U.S. Dollars. Learned counsel for the respondent-Bank, after taking instructions from the Officer who is present in Court, stated that an appropriate affidavit explaining this aspect would be filed before the Tribunal on the next date of hearing. The said statement is recorded. The respondent-Bank may file an appropriate affidavit explaining this aspect before the Tribunal on the next date of hearing. In view of the said direction, learned counsel for the petitioner is not pressing this petition but seeks liberty to take all available points in accordance with law in the pending proceedings before the Tribunal. The petition is accordingly disposed of with liberty as prayed for. P. B. MAJMUDAR, J. ANOOP V. MOHTA, J.