1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1115 OF 2010 Hiraman Mokashi & Anr. .... Petitioners. vs. Kotak Mahindra Bank Limited, ..... Respondents. Mr. Chirag Balsara a/w Rajiv Jadhav i/by Y.R. Shah for petitioner. Mr. AVS. Gharpure for respondents. CORAM : J.N. PATEL, ACTING, C.J. & S.C. DHARMADHIKARI, J. DATE : 14TH JUNE, 2010. P.C. Heard. 2. The petitioner has impugned the order dated 4.1.2010 passed by the D.A.R.T. On the application made by the petitioner for waiver of deposit as contemplated under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short "RDDB & FI Act). The learned counsel for the petitioner submitted that the petitioner has a strong case to get the ex-parte decree set aside as he was never served. We are not inclined to 2 consider the merits of the matter. We find that the condition imposed by the appellate Tribunal to deposit a sum of Rs. 70 lacs in order to enable the appellate Tribunal to consider his appeal is just and proper considering the amount of decree which is in the sum of Rs. 1,33,41,546/-. We do not find that the impugned order suffers from any error or illegality or is perverse. The same calls for no interference by this Court. The petition is dismissed. (J.N. PATEL, ACTING, C.J.) (S.C. DHARMADHIKARI, J.)