1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8477 OF 2009 Dr Mukund N. Savaskar and anr. ...Petitioners v/s IDBI Bank Ltd. And ors. ...Respondents Mr N.N. Patil for Petitioners. Mr Arvind Purohit for Respondent No.1. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 22ND FEBRUARY 2010. 2 P.C. :- 1] The petitioners by this petition challenge the order dated 29th August 2005 passed by the Debt Recovery Tribunal, Pune. That is an ex-parte order. The petitioners are not in a position to give any explanation as to why the petitioners have not filed appeal challenging that order when that order is appellable before the Appellate Tribunal. The petitioners admit that they had taken loan of Rs. 23,00,000/- from the respondent No.1  Bank. Even according to the petitioners, they have paid only Rs.3,00,000/-. Thus, there is no dispute that huge amount is outstanding against the petitioners. Therefore, we put it to the petitioners that if they are willing to deposit Rs.25,00,000/- in this Court, their request for giving an opportunity of being heard by the DRT can be considered. The petitioners took time to seek instructions. Today, the learned counsel appearing for petitioners stated that he is not in a position to deposit the amount. In our opinion, in these circumstances therefore, as the 3 amount is admittedly due to the Bank and there is a remedy to file an appeal, it will not be appropriate to entertain this petition. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )