IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 206 of 2009 (M/S) M/s Saraswati Woolen Mills Pvt. Ltd. and others …….. Petitioners Versus Punjab National Bank and another …….. Respondents ………. Mr. Arvind Vashistha, Advocate for the petitioners. Mr. L.K.Tiwari, Advocate for respondent no. 1. Hon’ble V.K. GUPTA, C. J. For the reasons stated, I.A. No. 228 of 2009 (Urgency Application) is allowed. The writ petition is taken up for consideration today itself. In this petition filed under Article 226 and 227 of the Constitution of India, the petitioners have assailed an order dated 19th January, 2009 passed by the Debt Recovery Appellate Tribunal, Allahabad, whereby the application of the petitioners for exemption from deposit of the amount of debt due on filing the appeal in terms of Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 has been partly allowed by the learned Appellate Tribunal which has permitted the writ petitioners to deposit 25% of the debt amount due instead of 75% as is required under the aforesaid Section 21 of 1993 Act. After hearing the detailed arguments of the learned counsel for the parties, I feel convinced that in the facts and circumstances of the case, the Appellate Tribunal has rightly exercised its discretion in granting partial relief to the petitioners by ordering the deposit of 25% of the amount, even though in ordinary course the petitioners were under statutory obligation to deposit 75% of the amount of debt due. 2 No interference is warranted because it is a case of exercise of discretion in a proper and objective manner. The petition is dismissed in limine. (V. K. Gupta, C. J.) 23.03.2009 A