:1: 6634.11-wp bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6634 OF 2011 Vishal Plastomer Pvt. Ltd. & Ors. ..Petitioners Vs. Union Bank of India & Ors. ..Respondents Mr.Rishabh Shah with Mr.Punit Gogad and Ms.Rita Yadav i/b. Ravan Shah & Co. for the Petitioners. Mr.Ismail Nasikwala i/b. Ms.N.I.Bakali for Respondent No.1. .... CORAM :- DR.D.Y.CHANDRACHUD & A.A.SAYED, JJ. DATE :- 17 AUGUST 2011. P.C. 1. By an order dated 8 April 2011, the Debts Recovery Tribunal dismissed an application filed by the Petitioners questioning the territorial jurisdiction of the Tribunal. The Petitioners have filed an appeal before the Debts Recovery Appellate Tribunal, which is pending. On 9 June 2011, the Appellate Tribunal granted an adjournment to the Respondent bank to file its reply. While adjourning the proceedings to 7 July 2011, the Debts Recovery Appellate Tribunal noted that in the event that the Counsel for the Petitioners prayed for an adjournment of the proceedings before the Tribunal, the Counsel for the Respondents undertook to cooperate there. Thereafter, there has been a vacancy in the office of the Chairperson of the Debts Recovery Appellate Tribunal on 21 July 2011. The Court is informed that the appeal did not reach hearing before the Debts Recovery Appellate Tribunal on 7 July 2011 :2: 6634.11-wp though it was on board. The limited prayer of the Petitioners is that the proceedings before the Tribunal which are now scheduled to take place on 23 August 2011 should be adjourned. The apprehension of the Petitioners is that the proceedings are now placed by the Tribunal on 23 August 2011 for the filing of the claim affidavit of the bank and in the absence of a written statement, the application may be disposed of exparte. 2. Having heard the learned Counsel on behalf of the Petitioners and the Respondents, we are of the view that since an appeal has been filed by the Petitioners before the Debts Recovery Appellate Tribunal and in the peculiar circumstances, arising out of the vacancy in the office of the Chairperson, it would be appropriate for this Court to grant some limited protection to the Petitioners. Arrangements have been made by the Union Government for giving concurrent charge of the Debts Recovery Appellate Tribunal Mumbai to the Chairperson of the Debts Recovery Appellate Tribunal at Kolkata and the Court is informed that the hearings will be convened on 13 September 2011 at Mumbai. In that view of the matter, we would request the Debts Recovery Tribunal to adjourn further hearing of the application to 20 September 2011 so as to enable the Petitioners to move an application for interim relief before the Appellate Tribunal. The learned Counsel tenders an undertaking on behalf of the Petitioners that the Petitioners would move an application for interim relief at the hearings of the Appellate Tribunal which are scheduled to commence on 13 September 2011. In view of the aforesaid directions, no further orders are required to be passed in these proceedings. The petition is accordingly disposed of. (A.A.SAYED,J.) (DR.D.Y.CHANDRACHUD,J.)