1 ca2572.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2572 OF 2010 IN WRIT PETITION NO.414 OF 2008 Central Bank of India. ....Applicants. Vs. M/s. Rathi Re-rolling Mills & ors. ....Respondents Mr. Sanjay Jain with Mayur Khandeparkar & Ms. Sapna Rachure i/b. T.N.Tripathi & Co. for applicant/petitioner. Mr. B. Saraf i/b. Apex Law Partners for Respondent Nos. 1 to 3. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- OCTOBER 8, 2010. P.C. 1. Matter has been placed before this Bench for clarification of our order dated 5th May, 2010. On the basis of observations appearing in paragraph-6 of the said order, it was contended by the original Respondent that we did not intend to mean that the Tribunal should dispense with the requirement of predeposit and hear the main appeal itself. We make it clear that the purport of our order was to direct the Tribunal to decide the main appeal within the specified time, which obviously included the decision on the waiver application as well within the same time. The requirement of waiver is statutory provision, 2 ca2572.10 which cannot be dispensed with by order of High Court even while exercising writ jurisdiction under Article 226. That discretion has to be exercised by the appropriate authority, before which the appeal is presented. We hope that this clarification will serve the purpose of both the parties. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)