-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 324 OF 2009 Mrs Sarinbanu Najimuddin Meghani ).. Petitioner Versus Federal Bank Ltd and others ).. Respondents Mr Zal Andhyarujina i/b M & M Legal Ventures for the Petitioner. Mr V R Walawalkar for Respondent No.1. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 2ND MARCH 2009 P.C. We have heard the learned Counsel appearing for the parties. The challenge is to the order dated 15th January 2009 whereby the Debt Recovery Appellate Tribunal has exercised its jurisdiction and directed the Petitioner to deposit a sum of Rs.20 lakhs as the recovery certificate issued against the Petitioner was more than Rs.2 crores. The learned Counsel appearing for the Petitioner submits that the Petitioner is a very poor person with annual income of only Rs.80,000/- and had an interest in an immovable property located at Gujarat. Thus the condition of pre-deposit should have been waived in favour of the Petitioner. On the other hand, the learned Counsel appearing for -2- Respondent No.1 Bank contends that whatever saleable interest available in the property at Gujarat has been sold but on the rest of the mortgaged property there are third party interests and the Bank is unable to recover its amount. With regard to the financial capacity of the Petitioner, it is stated that she was a partner of Respondent No.6 partnership firm. 2. We had asked the Petitioner if she can deposit some amount and furnish security for the remaining amount, but the amount offered by the Petitioner is even below Rs.80,000/-, which we find totally unreasonable. In the circumstances afore-noticed, we do not propose to interfere in the discretion exercised by the Debt Recovery Appellate Tribunal. Writ Petition dismissed. No order as to costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.