RAKESH TIWARI, J. - (1.) HEARD learned Counsel for the petitioners and Sri G.P. Agarwal, learned Counsel for respondent No. 1. Perused the record.
(2.) IN view of the nature of order proposed to be passed respondent No. 2 to 5 need not be heard at this stage. This writ petition has been filed by the petitioners against an interim order dated 16.9.2008 in Appeal No. 647 of 2006, M/s. Rizvi Export Limited and others v. State Bank of India, passed by the Debts Recovery Appellate Tribunal, Allahabad whereby the Appellate Tribunal has directed the peti­tioners to deposit 20% only of the total amount to the tune of Rs. 1,89,38,751.44 paise within a period of one month as pre-condition for filing appeal under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, (hereinafter referred to as the 'Act').
(3.) SECTION 21 of the Act provides that where an appeal is preferred by any person from whom the amount of debt is due to a bank or a financial institution or a consortium of banks or financial institutions, such appeal shall not enter­tained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal seventy-five per cent of the amount of debt so due from him as determined by the Tribunal under section 19.;