1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1383 OF 2009 M/s.Rashmi Gruha Nirman Pvt.Ltd. & Anr. ..Petitioners. V/s. The Federal Bank Ltd. & Ors. ..Respondent. Ms.Neeta Karnik for petitioners. Mr. Kusumkumar Kaushik for Respondent. CORAM: SWATANTER KUMAR,C.J. AND A.M.KHANWILKAR,J DATE : JULY 24, 2009. P.C. : 1. We have heard the learned Counsel appearing for the parties. The challenge in the present Writ Petition is to the Order dated 28th May, 2009 passed by the Debts Recovery Appellate Tribunal at Mumbai. The Appellate Tribunal, Mumbai vide the impugned order has directed the Petitioner to deposit sum of Rs.40 Lakhs during the time specified in the Order. The argument raised before us is that the Petitioners have been under serious financial constraints. They have already paid Rs.83.63 Lakhs to the Bank as against the claim amount of Rs.73 Lakhs and even thereafter, the property belonging to one of the director was sold by 2 auction. Moreover, they have also deposited Rs.5 Lakhs in the Bank. According to the Petitioners the calculations made by the Bank are incorrect. On the contrary, Counsel appearing for the bank submits that the claim application was for a sum of Rs.73 lakhs at the time of institution, which by the passage of time has grown up to Rs.1.98 crores and the Order passed by the Appellate Tribunal is justified and does not call for interference from this Court. 2. Having heard Counsel appearing for the parties for some time, we are of the opinion that it will be in the interest of justice if the Petitioner is directed to deposit Rs.30 Lakhs instead of Rs.40 Lakhs, as directed by the Tribunal. Learned Counsel for the Petitioner on instruction of the Petitioner who is present in the Court submits that he would deposit Rs.30 Lakhs. Hence this concession is being given on the statement made by the Petitioner that sum of Rs.30 Lakhs will be deposited, in the following manner. (i) Rs.15 Lakhs will be deposited within two weeks from today and the balance amount of Rs.15 Lakhs will be deposited within four weeks thereafter. (ii) We make it clear that in the event, this amounts are deposited as per the statement made by the Petitioners, 3 the Appeal before the Appellate Tribunal shall stand restored to its file and shall be heard by the Tribunal on its own merits. In the event, the amounts are not deposited as stated above, the concession given to the Petitioner in the Order of this Court shall stand vacated and consequences will follow. 3. Writ Petition disposed of on the above terms. CHIEF JUSTICE A.M.KHANWILKAR,J