ORDER : UPON hearing counsel the Court made the following : I.A. No. 2146 1. The further affidavit shall be filed by NDMC by 05.09.2007. 2. Call this matter on 09th October, 2007. I.A. Nos. 2162 - 2163 3. Heard Mr. K.K. Venugopal, learned senior counsel appearing for the applicant- ICICI Ban k and learned Amicus Curiae and learned counsel for the M.C.D. It is the definite stand of the applicant- Ban k that it became functional prior to 07.09.2006. Learned counsel for the MCD states that it shall file its response. For the present, let the Ban k function as was being done earlier. This shall be subject to filing of an undertaking that it became functional prior to 07.09.2006 and its functioning is in accordance with law. The undertaking shall be to the effect that in case, it is ultimately found that the its really not so, the Ban k shall forthwith stop its functioning. 4. The matter shall be listed on 09th October, 2007.