1 wp 3856/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3856/2010 M/s Briggs Trading Co.Pvt.Ltd. & Anr. Petitioners versus HDFC Bank Ltd. & Anr. Respondents Mr.Kamdar i/b M/s PDS and Associates for Petitioner. Mr.Chirag Balsara with Mr.Mihir Mody i/b K.Ashar and Co. – Respondent-1 CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY, 26, 2010. P.C. : . Heard counsel for the petitioner and respondent. 2. This petition is directed against order dated 25/3/2010 passed by the Debts Recovery Appellate Tribunal ,Bombay where by Misc.Civil Application no.367/2009 filed by the petitioner in Appeal no. 125/2009 for waiver of the statutory deposit under section 21 of the Recovery of Debts Due To Banks and Financial Institutions Act, 1993 came to be rejected. Learned counsel for the petitioner as well as respondent agreed that the impugned order may be set aside and the matter may be remanded back to the Tribunal with the direction to consider the Miscellaneous Civil Application afresh on its own merits. 2 wp 3856/2010 3. In view of this agreed position the impugned order dated 25/3/2010 is quashed and set aside . The matter is remanded back to the Debts Recovery Appellate Tribunal ,Bombay for reconsideration of the application of the petitioner bearing no. 367/2009 afresh. It is made clear that the Tribunal will be at liberty to consider the said application on its own merits in accordance with law and is also entitled to take any decision one way or the other including whether the case is made out at all to exercise the jurisdiction in view of the proviso to Section 21 of the Act . The Tribunal is directed to decide the said application within a period of four weeks from the date of communication of this order by passing reasoned order. Petition is disposed of accordingly. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)