: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4918 OF 2009 1. Mithila Polyplastser Pvt. Ltd. & 2 ors. ... Petitioners Vs Punjab & Sind Bank. ... Respondent Mr. A.S. Khandeparkar i/b M/s.Khandeparkar & Associates for the petitioners. Mrs. Raghani i/b M/s.Haridas & Co. for the respondent. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 5TH AUGUST, 2009. P.C.: 1. Heard. 2. The appeal filed by the petitioner before the Debts Recovery Appellate Tribunal has been dismissed for non compliance of the deposit of the amount under section 19 of the Recovery of Debts Due To Banks & : 2 : Financial Institutions Act, 1993. At the time of filing of the appeal, the application for exemption was made. Taking into consideration the facts of the case and the financial condition of the petitioner, the Debts Recovery Appellate Tribunal has granted concession and has reduced the amount than the statutory requirement. Thereafter, the application has been made for further modification of the said order. The said application as also the Appeal has been rejected on account of non deposit. In short, the Debts Recovery Appellate Tribunal was not in favour of modifying the order. On perusal of the order passed by the Debts Recovery Appellate Tribunal, we do not find any justifiable reason to interfere with the said order. The Writ Petition is, accordingly, rejected. 3. After the above order was dictated, Mr. A.S. Khandeparkar, learned counsel for the petitioner, on instructions of the petitioner, who is present in court, submitted that the petitioner is ready and willing to deposit the amount and the same would be done by Tuesday i.e. 11th August, 2009. The learned counsel further requested this court to allow compliance of the order of the Debts Recovery Appellate Tribunal and to restore the matter. Since the petitioner has shown his willingness to deposit the amount and obey the orders of the Debts Recovery Appellate Tribunal, we keep the : 3 : above order of the rejection of the petition in suspension. However, if by the aforesaid date the amount is not deposited with the Debts Recovery Appellate Tribunal, the above order will become operational against the petitioner. 4. If the aforesaid amount is not deposited within the stipulated period, we make it clear that under any circumstances, the time to deposit the said amount will not be extended and the right to make such a prayer is forfeited. If the said amount is deposited within the stipulated time, the Debts Recovery Appellate Tribunal shall hear the appeal. With the above observations, the Writ Petition is disposed of. 5. Parties to act on an authenticated copy of this order. Sd/- Sd/- (R.M. SAVANT, J.) (S.B. MHASE, J.)