1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.39 OF 2009 Central Bank of India ..Petitioner -versus Nandkishor Navalkishor Kothari & ors.. Respondents Mr.Cyrus Ardeshir a/w T.N.Tripathi for the petitioners. CORAM: S.B. MHASE & A.V.POTDAR, JJ. DATED: 11 the February,2009 P.C. 1. Appeal has been filed by the Directors of the borrowing company and they have been directed to deposit Rs.75,00,000/- within a period of l0 weeks. In view of the provisions of section 2l, the other appeal no.137 of 2005 has been filed by the farmers who are the guarantors to the company and the Directors. They have made out a ground that they are the farmers and they have no means to deposit the amount and they have further stated that all their properties have been mortgaged including their residential houses by way of guarantee. Taking into consideration this aspect, the A.D.R's has exercised the powers and passed order of waiver of deposit. 2. The learned counsel submitted that except 2 making out any case that they are farmers and they have no means, nothing has been brought on record. If the properties are already mortgaged then only source from agriculture is to be considered. Now it is well established as a result of various sections which have been floated by the Central Government and also by the State Government that the agriculturist, have no funds to make payment of loan to the various banks. It is also well established that agriculturists have no resources to make any payment. We take note of the public policy of the Union of India and also of the State Government of Maharashtra and find that the order has been passed for just reasons. No interference is called for. Writ petition is rejected. However, ultimately learned counsel alternatively submitted that the hearing of the appeals may be expedited. Accordingly the appeals are expedited. (A.V.POTDAR, J. ) (S.B.MHASE, J)