1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6081 OF 2007 SVC Superchem Ltd. ..... Petitioner. V/s State Bank of India ..... Respondent. ---- Mr. Subhash Jha i/b R.B. Upadhyay for the Petitioner. ALONGWITH WRIT PETITION NO.5773 OF 2007 SVC Superchem Ltd. ..... Petitioner. V/s Canara Bank ...... Respondents. ----- Mr. Subhash Jha i/b R.B. Upadhyay for the Petitioner. CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATE : 15 th January, 2008. P.C.: 1. Perusal of the provisions of section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 shows that it is in the discretion of the Tribunal to make exception to the general rule laid down in section 21 that no 2 appeal should be entertained by the Tribunal unless 75% of the decretal amount is deposited. To what extent exception is to be made to the general rule is in the discretion of the Tribunal. In exercise of that discretion, the Tribunal reduced the amount from Rs 25 crores to Rs 5 crores and granted eight weeks time to the Petitioner to deposit the amount. The petitioner neither deposited the amount within time nor did it secure any appropriate order from any Court and, therefore, now, even the appeal of the Petitioner is dismissed in terms of the order passed by the Tribunal. 2. We see no reason to interfere with the discretionary order passed by the Tribunal. Both the Petitions are rejected. (D.K. DESHMUKH, J.) (V.M. KANADE, J.) 3