SBCWP11952/2009 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.11952/2009 M/s Riya Garments Private Limited Vs. M/s Pratap Rajasthan Copper Foils and Laminates Limited and Others Date of Order ::: 19.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri A.B.N. Rao with Shri Rajesh Kapoor, Counsel for petitioner Shri Sudhir Gupta and Shri S.S. Hora, Counsel for respondents #### By the Court:- Heard learned counsel for parties. This writ petition has been filed by petitioner M/s Riya Garments Private Limited inter-alia with prayer that judgment and order dated 29.06.2009 in Miscellaneous Appeal No.116/2006 passed by Debts Recovery Appellate Tribunal, Delhi (for short, 'the DRAT') be set aside, and also the order dated 22.05.2006 passed by Presiding Officer of Debt Recovery Tribunal, Jaipur, on the application under Section 26(2) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, filed by the respondents herein be also set- aside, and further the sale transaction between SBCWP11952/2009 // 2 // the respondents No.1 and 9 culminating into the sale deed dated 24.05.2006 be held illegal and void-ab-initio, and a writ of mandamus be issued directing the Recovery Officer to issue sale certificate in favour of the petitioner herein. In the course of arguments, the court was informed of the fact that the orders passed by the DRAT are subject matter of review petition filed by the petitioner herein, which the petitioner filed after dismissal of its Special Leave to Appeal (Civil) No.4194/2007 by the Supreme Court vide order dated 21.08.2009. Even the review petition subsequently filed by the petitioner before the Supreme Court has also been dismissed. Instead of therefore entertaining the writ petition on merits, since the writ petition was filed on the premise that review petition filed by the petitioner on 14th July, 2009 within the statutory period has not been heard by the DRAT New Delhi within the time of four weeks prescribed by the Supreme Court vide its order dated 21.08.2009, I deem it appropriate to dispose of this petition by directing the DRAT, New Delhi to consider and decide the review petition filed by the petitioner within a period of four weeks from SBCWP11952/2009 // 3 // the date a copy of this order is produced before it by either of the parties. This Court was persuaded to pass interim order in view of the fact that the review petition filed by the writ petitioner herein has not been decided therefore such order of status quo would remain co-terminus with the final order that may be passed by the DRAT, New Delhi, in the review petition filed by the petitioner, subject of-course to what order the DRAT deems appropriate to pass on merits of the review petition. The writ petition is accordingly disposed of. (Mohammad Rafiq) J. //Jaiman//