-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7337 OF 2010 The Thane Janata Sahakari Bank Limited ... Petitioners versus IDBI Bank Ltd. and others ... Respondents Mr. Bhupesh Samant for the petitioners. None for the Respondents. CORAM: P.B. MAJMUDAR & ANOOP V. MOHTA, JJ. DATE: OCTOBER 19, 2010. P.C. Heard the learned counsel for the petitioner. The petitioner has challenged the order of the DRAT by which the prayer for stay of the order of DRT is rejected. However, the hearing of the appeal was kept on 12th October, 2010. The learned counsel for the petitioners submits that now the hearing of the appeal is adjourned to 23rd December, 2010. The petitioner herein has filed the said appeal against the order passed by the DRT-III dated 6th July, 2010 by which the DRT directed the petitioner, who is defendant No.2 before the DRT, to renew the deposit of the balance amount of Rs. 29 lacs with defendant No.3 till further orders. Looking to the nature of the order, in our view, DRAT is justified in refusing stay because if the order is stayed, the whole appeal can be said to be allowed without the same being tried. We, therefore, see no merit in -2- the argument of the learned counsel for the petitioner. However, the DRAT may expedite the hearing of the appeal. Subject to what is stated above, the petition is rejected. No cost. P. B. MAJMUDAR, J. ANOOP V. MOHTA, J.