Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELALTE JURISDICTION WRIT PETITION NO. 10474 OF 2009 Pune District Central Co-operative Bank Ltd. .. Petitioner. vs. Dena Bank and Another .. Respondents. Mr O.P.Soni i/b Mrs D.P.Soni & Co. , Advocate for the Petitioner. Mrs Reshma Malawade , Advocate for the Respondent No.1. CORAM : F.I. REBELLO & K.K.TATED, JJ. DATED : 18TH DECEMBER, 2009 P.C. Rule. Heard forthwith. The petitioner herein applied for waiver of deposit. The Appellate Tribunal by the impugned order dated 4/12/2009 has directed the petitioner to deposit Rs. 5 lac. After hearing the petitioner, prima facie considering that the draft was not issued by the petitioner, we do not think it fit to direct the petitioner to deposit the amount. Calling on a party to deposit an amount which is not required to be deposited would cause undue hardship. In the light of that the impugned order is set aside. The appeal to proceed without deposit. Rule made absolute accordingly. (K.K.TATED, J.) (F,I. REBELLO,J.)