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. 4979 OF 2006 WRIT PETITION NO. 4979 OF 2006 WRIT PETITION NO. 4979 OF 2006 The Jammu & Kashmir Bank Ltd. ...Petitioner V/s. M/s.Prabhat General Agencies & Ors. ...Respondents Mr.S.N. Satpute i/b. M/s.Satpute & Co. for Petitioner. Mr.Kishor Jain with Ms.Sheetal S. Shah i/b. Mehta & Gidharlal for Respondent No.1. Ms.U. Shrivastav i/b. Consulta Juris for Respondents No.6 to 9. CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : AUGUST 17, 2006 DATED : AUGUST 17, 2006 DATED : AUGUST 17, 2006 P.C. :- P.C. :- P.C. :- 1. Heard learned Counsel for the petitioner and learned Counsel for respondent no.1 and for respondents no.6 to 9. 2. We have perused the order dated 3rd April, 2006 whereby the learned Debts Recovery Appellate Tribunal has rightly held that there is no necessity of any pre-deposit by the appellant, especially in view of the following observations in the said order, viz. : "However, it is not denied by the respondent "However, it is not denied by the respondent "However, it is not denied by the respondent bank that the amount of Rs.4 Crores, which is in bank that the amount of Rs.4 Crores, which is in bank that the amount of Rs.4 Crores, which is in excess of the amount due from the appellants and excess of the amount due from the appellants and excess of the amount due from the appellants and which is received by the bank, is out of the which is received by the bank, is out of the which is received by the bank, is out of the - 2 - sale proceeds of the properties belonging to the sale proceeds of the properties belonging to the sale proceeds of the properties belonging to the appellants borrowers." appellants borrowers." appellants borrowers." 3. Hence, the petition is totally devoid of merits and stands dismissed. (DR.S. RADHAKRISHNAN, J.) (DR.S. RADHAKRISHNAN, J.) (DR.S. RADHAKRISHNAN, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)