3.wp.541-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.541 OF 2010 The Kisan Sahakari Starch Mfg. Society Ltd., Dhule ..Petitioner. Versus The Authorized Officer, The Maharashtra State Co-operative Bank Ltd., and another. ..Respondents. ... Mr.B.S. Nagar, Advocate a/w. C.J. Deokar, Advocate i/b. Global Law Law Offices, for the Petitioner. Mr.N.D. Yelkar, Advocate for Respondent Nos.1 & 2. ... CORAM : D.K. DESHMUKH & A.R. JOSHI, JJ. DATED : JANUARY 28, 2010. P.C. 1. By this Petition, the petitioner challenges the order dated 7.12.2009 passed by the Debts Recovery Appellate Tribunal at Mumbai by which the petitioner is permitted to file an Appeal on deposit of Rs.18 crores. The total demand is in excess of Rs. 60 crores. The learned Counsel appearing for the petitioner submits that the Tribunal has not considered 3.wp.541-10 2 the changed circumstances which the Supreme Court has directed to be considered while considering the application for waiver of the condition of pre-deposit. He submits that the petitioner is a Co-operative Bank and, therefore, it should have been permitted to file the Appeal without depositing anything. We have gone through the record. We have perused the impugned order. We find that the order is perfectly legal. We put it to the learned Counsel, whether the petitioner wants any extension of time to deposit the amount or he wants any reduction of the amount of the deposit. The learned Counsel frankly informed that the petitioner is not in a position to deposit any amount. In our opinion, considering the amount that is recoverable and also considering that even the Bank is a Co-operative Bank in our opinion no interference is called for. 2. Writ Petition is rejected. (D.K. DESHMUKH,J.) (A.R. JOSHI, J.)