IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.623 OF 2009 Shabbir Tayebali Merchant ...Petitioner V/s. The City Co-operative Bank Ltd. & Ors. ...Respondents ...... Mr.T.N.Tripathi i/b T.N.Tripathi & Co. for Petitioner. Mr.Kishore V.Tembe for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MAY 5, 2009. MAY 5, 2009. MAY 5, 2009. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. Counsel for the Respondent Bank submits that without recording any reasons, the order impugned in this Petition be set-aside and instead, the parties be relegated before the Recovery Officer, who in turn shall examine the matter afresh on its own merits in accordance with law. : 2 : 3. Accordingly, the impugned decision (exhibit N) is set-aside. Instead, the Petitioner is relegated before the Recovery Officer who in turn shall give fair opportunity to the Petitioner and decide the entire matter afresh on its own merits in accordance with law. 4. Petition disposed of on the above terms. A.M.KHANWILKAR, J.