1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4658 OF 2008 WRIT PETITION NO. 4658 OF 2008 WRIT PETITION NO. 4658 OF 2008 Union Bank of India .. Petitioner V/s. Pravin & Company & Anr. .. Respondents Ms.Rashabha Shah i/b.Ms.N.I.Bakali for the Petitioner. Mr.Birendra Saraf with Mr.T.N.Tripathi for Respondent Nos. 1 and 3. CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND S.S.SHINDE, JJ. S.S.SHINDE, JJ. S.S.SHINDE, JJ. DATE : 3RD JULY, 2008. DATE : 3RD JULY, 2008. DATE : 3RD JULY, 2008. P.C.:- P.C.:- P.C.:- . The writ petition is misconceived as the Respondent has filed an Appeal before the Debt Recovery Appellate Tribunal at Mumbai. In order to protect the interest of the parties an order is passed by the Debt Recovery Appellate Tribunal, Mumbai and an interlocutory order was passed on 28th May, 2008. The liability of the borrower according to the bank was Rs.1,63,45,233/- as on 12th May, 2008 and the Tribunal directed to deposit the sum of Rs.50,00,000/- within a period of ten weeks. The Tribunal also made it clear that if the amount was not deposited within the period 2 stipulated, the Appeal would stand dismissed. Instead of this order, the writ petition is filed. If the Petitioner were aggrieved of the order, they could have moved to an Appellate Tribunal itself for modification or revocation of the order. 2. The writ petition is, accordingly, dismissed. (BILAL NAZKI, J.) (BILAL NAZKI, J.) (BILAL NAZKI, J.) (S.S.SHINDE, J.) (S.S.SHINDE, J.) (S.S.SHINDE, J.)