: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4210 OF 2008 PETITION NO.4210 OF 2008 PETITION NO.4210 OF 2008 Capricorn Transways Pvt. Ltd., Panvel ...Petitioner V/s. The Union of India & Ors. ...Respondents Mr.Prakash Shah with Mr.Jitendra Motwani, Advocates, i/b. M/s.PDS Legal, for the Petitioner. Ms.S.V. Bharucha, Advocate, for the Respondent-Union of India. CORAM CORAM CORAM : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & A.V. A.V. A.V. NIRGUDE, JJ. NIRGUDE, JJ. NIRGUDE, JJ. DATE DATE DATE : 19TH JUNE, 2008. : 19TH JUNE, 2008. : 19TH JUNE, 2008. P.C. P.C. P.C. : : : . Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondent-Union of India. 2. By this Petition, the Petitioner is challenging an order of pre-deposit dated 22nd April, 2008 passed by the Customs Excise and Service Tax Appellate Tribunal. By the said order, the Petitioner is directed to make a pre-deposit of the amount of the Service Tax of Rs.6,00,000/- in the pending Appeal. 3. We have perused the order dated 22nd April, 2008. Especially in paragraph No.5, the Tribunal has : 2 : observed that the action is within time. Over and above, the service tax liability is around Rs.15,00,000/-. However, the amount directed to be deposited is Rs.6,00,000/- and the Tribunal has mentioned that the issue involved in this case requires detailed consideration and also stated that there is no prima-facie case for a complete waiver. 4. Mr.Shah sought to contend that there are other orders passed by other Commissioners, which would be favourable to the Petitioner. We made it clear that the Petitioner is entitled to place all those orders before CESTAT at the time of final hearing of the Appeal. We are not inclined to interfere with the aforesaid order of pre-deposit which we find to be quite fair. We make it clear that if the Petitioner were to deposit the amount of Rs.6,00,000/- within a period of three weeks from today, the Tribunal shall hear the Appeal on merits. If the Petitioner does not deposit the amount of Rs.6,00,000/- within a period of three weeks, the Appeal shall stand dismissed. It is also made clear that if the Petitioner makes the said deposit within a period of three weeks, the Tribunal to decide the Appeal expeditiously. 5. Writ Petition stands disposed of accordingly. : 3 : [A.V. [A.V. [A.V. NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.]