1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1972 of 2008 S.P. Agarwal .. Petitioner versus Union of India & ors. .. Respondents ... Mr. M.K. Banatwala for the petitioner. Mr.M.S.Bharadwaj with Mr.R.Rodrigues and Mr.P.Khosla for respondent. CORAM : FI. REBELLO AND D.G. KARNIK, JJ DATED : 23rd July 2009. P.C:- 1. In the instant case, the petition is filed against the order dated 13th September 2007 passed in Appeal no.384 of 2000 and the consequential order dismissing the appeal for failing to deposit. 2. We find that from the order of the Tribunal that though there was no application for waiver to pre-deposit the Tribunal considered the prayer clause in the appeal memo and on merit found that there was no case made out for waiver of pre-deposit and consequently directed the appellants to 2 make pre-deposit of the amount of penalty within 30 days. It appears that amount was not deposited and consequently on 19th December 2007, the appeal was dismissed for failure to comply with the order. 3. We do not propose to interfere with the order passed. However, petitioners are given an opportunity of eight weeks from today to deposit the amount as ordered by the Tribunal. If such amount is deposited, the impugned order dated 19th December 2007 dismissing the appeal for failing to comply with order dated 13th September 2007 is set aside. If the petitioner fails to deposit the amount, rule is discharged in this petition. (D.G. KARNIK, J) (F.I. REBELLO, J)