1] By an order dated 20/9/2011, notice for final disposal was issued. Rule. Rule is made returnable forthwith. Petition is heard finally.

2] The respondent no.2 is borrower of petitioner Godavari Laxmi Cooperative Bank Ltd. The respondent no.2 filed proceedings u/s 17 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short the Act of 2002] consequent to the issuance of notice u/s 13(4) of the said Act. By judgment and order dated 7/3/2011, the Debt Recovery Tribunal, Aurangabad dismissed the Securitisation Application No.08/2010.

3] Respondent no.2 preferred an Appeal under the provisions of Section 18 of the Act of 2002 before the Debts Recovery Appellate Tribunal, Mumbai. Respondent no.2 filed application bearing No.M.A.328/11 in Appeal No.66/11 seeking waiver of deposit as prescribed u/s 18 (1) of the Act of 2002 on 24/3/2011. The appellant filed reply to the said application. By order dated 27/4/11 the Appellate Tribunal allowed the application filed by respondent no.2 by observing that respondent no.2 herein cannot be asked to deposit any more amount and no amount is required to be deposited u/s 18(1) o