-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 6769 of 2009 Andhra Bank. ..Petitioner. Versus Jay Fabrics& Others. ..Respondents. Mr. Shekhar Shetye i/b M/s. Pandya Gandhi & Co., for the Petitioners. Mr. S. K. Jain for the Respondent no. 5. Mr. Y. R. Shaikh, AGP for the Union of India. Coram : S. B. Mhase & R. M. Savant, JJ. Date : August 25, 2009. P. C. : 1. Heard. By this petition, the Petitioner is challenging the order passed by the Debt Recovery Appellate Tribunal (for short “the DRAT”) in Appeal No.35 of 2006 filed by the Petitioner whereby the DRAT has confirmed the decree dated 11th July 2005 passed by the Debt Recovery Tribunal (for short “the DRT”) in Original Application No.152 of 2001. 2. The DRT has dismissed the claim filed by the Petitioner – bank having found that the statement of accounts has not been produced and there is insufficient material to prove the claim. At the appellate stage also, we find that the DRAT has granted several adjournments -: 2 :- to comply with this aspect of the matter and to show that the claim is proved as against the respondent. Inspite of several opportunities being offered, the said statement of accounts has not been produced and therefore the DRAT was constrained to dismiss the appeal. In view of the consistent findings of fact and also taking into consideration the aforestated facts and circumstances we do not see any reason to interfere in both the aforesaid orders. The above petition is therefore rejected. (R.M.SAVANT, J.) (S.B.MHASE, J.)