1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4076 OF 2009 Dr. Arvind Shah and Another .. Petitioners Vs Oriental Bank of Commerce and Another .. Respondents Shri. D.J. Khambata i/b Ashwin Ankhar & Asso for the petitioners Shri. Vimal Gupta for respondent no. 1 CORAM : BILAL NAZKI & SMT. V.K. TAHILRAMANI, JJ. DATE : 12th June, 2009 P.C.: 1. Liability of the petitioner as held by the DRAT is to the tune of Rs. 2.6 crores. Out of this amount, sum of Rs. 1.2 crores stands realized. The respondents dispute that the liability has to be reduced by Rs. 1.2 crores. In any case, as on today and according to the order impugned in this petition, sum of Rs. 1.4 crores is still to be realized and the Appellate Authority has ordered payment of Rs. 50 Lacs which appears to be fair in the facts and circumstances of the case. The RMA wp4076-09.sxw 2 observations made by us have been only made for the purpose of disposing of this petition and should not be construed as any expression of opinion about any controversy between the parties. The discretion exercised by the Tribunal, in our view, cannot be subject to any interference of this Court. Petition disposed of. [ BILAL NAZKI, J] [ SMT. V.K. TAHILRAMANI, J] RMA wp4076-09.sxw 3 RMA wp4076-09.sxw