hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7019 OF 2009 Mafatlal Finance Company Limited ... Petitioner Versus Union of India and Ors. ... Respondents Mr. Rajan Kakara i/by R.K. Associates for Petitioner. Mr. S.S. Pakale and Mr. M.S. Bhardwaj for Respondents. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATED : AUGUST 20, 2009 P.C. Rule. Heard forthwith. The Petitioner were directed to deposit Rs. 11 lacs. In order that the appeal may be proceeded with. As the Petitioners failed to deposit the amount, by an order dated 6.11.2008 the appeal was dismissed for non prosecution. At the hearing of this petition, the learned counsel points out two additional events. It is firstly submitted that subsequent to the said order the company court has approved the scheme of arrangement of payment to the creditors. In case of those forming Group “A,” i.e. secured creditors, the amount payable is 15% of the total outstanding principal amount due as on 31.3.1999. There are some other options also. It is further pointed out that the Petitioners have subsequently also received bill of entry for home consumption. It is on account of failure by the Petitioners to produce these documents, that the penalty was imposed. We really find no fault with the order of the tribunal considering the material before them. The learned counsel however, points out to us another order of this court in Writ Petition No. 7932 of 2008 where the order of pre deposit was set aside and the appellants were allowed to produce the documents. However, considering the facts and circumstances of the case and considering the material now produced was not available before the tribunal and the tribunal will have to go into the said documents, the impugned order is modified to the extent that on the petitioners depositing sum of Rs. 7.5 lacs. within eight weeks from today, the order of dismissal is set aside and the tribunal to hear the appeal on merits. If the said amount is not deposited, the impugned order will not be interfered with. Rule made absolute accordingly. No order as to costs. (D.G. KARNIK,J.) (F.I. REBELLO,J.)