1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION REVIEW PETITION ST. NO.12981 OF 2009 IN WRIT PETITION NO.39 OF 2009 WITH CIVIL APPLICATION NO.1772 OF 2009 Central Bank of India ...Petitioners. v. Nandkishor N. Kothari & Ors. ...Respondents. Mr. T.N.Tripathi i/by T.N.Tripathi & Co. adv. For the Petitioners. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 27th January , 2010. P.C. 1 There is delay of 59 days in filing Review Petition. Delay condoned. Office to register the appeal. 2 Review is filed solely on the ground that in the present writ petition, it was not the contention of the respondents, who had applied for waiver of deposit before the learned Appellate Tribunal that they were farmers. Submission is that such a plea was taken and in Appeal No.137 of 2008 before the Tribunal wherein the learned Tribunal was pleased to waive pre-deposit. The order of the tribunal was impugned in Writ Petition No.38 of 2009. That petition has been dismissed. It is 2 submitted that this amounts to error apparent on the face of the record and consequently, this Court should interfere in the exercise of its review jurisdiction. 3 We have heard the learned counsel. In our opinion, the learned Tribunal by common order disposed off two applications for waiver of deposit on 8.8.2008 in two separate appeals. Effect of such an order is that appellants were entitled to have their appeals heard on merits. The appellants there, respondents herein had argued before the learned Tribunal that they were mortgagors and they have created third party rights. It is in these circumstances, the learned Tribunal was pleased to waive deposit. 3 It may be true that this Court also considered these respondents as farmers. However, considering that the order is of waiver of pre-deposit and all that the respondents have is an opportunity of hearing the appeal heard on merits. The discretion exercised by this Court cannot be the subject matter of a review application. The review application stands rejected. (J.H. BHATIA,J.) (F.I.REBELLO, J.)