1 WP(L) 2112 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2112 OF 2010 M/s.Meeti Developers Pvt. Ltd. ..... Petitioner V/s. Dena Bank and Ors. ..... Respondents Mr.A.Y.Sakhare, Senior Advocate i/by Mr.S.D.Mishra, for the petitioner. Mr.Anoop Khaitan, for respondent No.1. Mr.Mayur Khandeparkar i/by M/s.T.N.Tripathi & Co., for the Intervenor. CORAM :P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 08th OCTOBER, 2010 P.C. 1. The petitioner has challenged the order passed by the Debt Recovery Tribunal – II, Mumbai, dated 26-04-2010, by which the Bank is permitted to conduct inter se bidding between the applicant, the said applicant Kalyani Services and the present petitioner. The Tribunal has clearly observed that the sale shall be subject to the order in Writ Petition No.3330 of 2010. After passing of the said order, writ petition No.3330 of 2010 has already been disposed of by a Division Bench on 03-05-2010 and it has been observed that whatever steps taken by the bank shall be subject to the outcome of the appeal No.92 of 2010 pending before the Debt Recovery Appellate Tribunal. It is not in dispute that against the impugned order, an appeal is maintainable before the Appellate Tribunal 2 WP(L) 2112 of 2010 and therefore, petitioner is required to file appropriate appeal before the appellate tribunal. If such appeal is preferred by the petitioner within a period of two weeks from today, the same may not be rejected on the ground of limitation, in view of the fact that this writ petition was pending before this Court till today. 2. The contention of the present petitioner is that an application under Section 17 of the Act, filed by respondent No.7 Kalyani Services, is not maintainable. This question is however, left for the consideration of the Tribunal. In the meanwhile, if there is any intervention application, the tribunal may hear the intervenor whether they are required to be impleaded as a party or not and may pass appropriate order. 3. In view of what is stated above, the writ petition is disposed of. No costs. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J. )