1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3512 OF 2008 IN M.A.NO.334 OF 2008 AND M.A.330 OF 2008 IN APPEAL NO.79 OF 2008 M/s.Soma Papers & Industries Ltd. ...Petitioner vs. 1.Bank of India & ors. ...Respondents. --- Mr.D.V.Merchant i/b. O.P.Pandya, for Petitioner. Mr.P.K.Samdhani with D.R.Mehta i/b. M/s.Dhruve Liladhar & Co., for Respondent no.6. CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ. DATED: 4th June, 2008. P.C.:- 2 1. By this petition, the petitioner challenges the order passed by the Debt Recovery Appellate Tribunal, Mumbai, on the application filed by the petitioner for waiver of deposit in the appeal. The Debt Recovery Appellate Tribunal, Mumbai has made conditional order. It is common ground that the petitioner has not complied with the order, and therefore, the appeal stands dismissed. The learned Counsel appearing for petitioner submits that because of sale of the property the entire dues of the bank are now wiped out, and therefore, there is no question of D.R.A.T. asking the petitioner to deposit the amount. 2. Perusal of the application before D.R.A.T. shows that though admittedly sale of the property was completed before the application was made before D.R.A.T., such a ground is not raised in that application. Whether the dues of the bank has been wiped out because of the sale proceeds is a question of fact, and therefore, it was to be raised before D.R.A.T. It cannot be permitted to be raised before this Court for first time. We find no substance in the petition, hence, it is rejected. 3 (D.K.DESHMUKH, J.) (N.D.DESHPANDE,J.) ---