IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1867 OF 2008 M/s.Bubna Major Biotech Ltd. & Anr. .... Petitioners V/s. The Assets Reconstruction Company of (India) Ltd. .....Respondent Mr.Yogesh Deshpande, for the Petitioners. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATED : 9th SEPTEMBER, 2008. P.C. 1. By filing this petition, the petitioners have challenged the order passed by Debt Recovery Appellate Tribunal, Mumbai, in Miscellaneous Application No.320 of 2008. The Tribunal after considering the facts of the case found that the petitioners were negligent in not moving the amendment within reasonable time and that their interest is only delaying the proceedings. 2. We have gone through the order passed by the Tribunal. In our view, since the matter is at an interlocutory stage and as pointed out by the learned Advocate for the petitioners, the matter is now fixed for final hearing before Tribunal, at this stage, we would not like to interfere with the impugned order by exercising the extra-ordinary jurisdiction under Articles 226 & 227 of the Constitution of India. However, if the ultimate decision is against the petitioner, it will be open to the petitioner to raise this point in the proceedings which may be taken out against the final order and the point in issue is accordingly kept open wherein the petitioner can challenge the order of the Tribunal in the proceedings which may be taken out against the final order. The said liberty is granted to the petitioner to raise this point in future if any occasion arises for the same. Subject to the liberty granted to the petitioners in above terms, the petitioner is rejected and stands disposed of accordingly. ( A.A.SAYED, J. ) ( P.B.MAJMUDAR, J. )