JUDGMENT :

B.R. Gavai, J.

The appeal challenges the judgment dated 7th July 2008 passed by the Division Bench of the High Court of Bombay thereby dismissing the Writ Petition Nos.207 and 1490 of 2005, filed by the present appellants arising out of the concurrent orders passed by the learned Mumbai Debts Recovery Tribunal-1 (for short 'DRT') in O.A. No.948 of 2000 dated 31st October 2002 and the learned Debts Recovery Appellate Tribunal at Mumbai (for short 'DRAT') in Appeal Nos.152 of 2002 and 43 of 2004 dated 24th November 2004.

2. The respondent-Bank had filed an O.A. No.948 of 2000 against the present appellants raising certain claims. In the said proceedings, the appellants filed a counter-claim claiming therein that certain amount deposited in the current account opened by them with the respondent-Bank, was illegally withheld by the respondent-Bank. The learned DRT vide order dated 31st October 2002 dismissed both, the claim of the bank as well as the counter-claim of the appellants. Being aggrieved thereby, both the respondent- Bank as well as the appellants had preferred appeals before the learned DRAT. Both the appeals were dismissed. Being aggrieved thereby, two writ petition