-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5743 OF 2008 Rohan Chintaman Thakar ).. Petitioner Versus Shivajirao Bhosale Sahakari Bank and others ).. Respondents Mr S S Kanetkar for the Petitioner. CORAM: SWATANTER KUMAR, C. J.& A. P. DESHPANDE, J. DATED: 17TH SEPTEMBER 2008. P.C. We have heard the learned Counsel appearing for the Petitioner. We are of the considered view that the present Writ Petition is not maintainable inasmuch as the order passed by the Debt Recovery Tribunal is appealable under the relevant provisions of the Act. However, the learned Counsel appearing for the Petitioner, while relying upon the judgment of the Division Bench of this Court in the case of UCO Bank, Mumbai vs M/s Kanji Manji Kothari and Co., Mumbai, 2008 (4) Mh. L.J. 424, submits that the Debt Recovery Tribunal in the order impugned in the present Writ Petition has observed that there ;is only an obiter in the judgment of this Court in UCO Bank's case (supra). We find this observation is without any basis and is contrary to the settled -2- canons of law. 2. Writ Petition disposed with the above observations. The Petitioner is at liberty to take steps in accordance with law. CHIEF JUSTICE A. P. DESHPANDE, J.