1 CUAPP NO.72/10. lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.72 OF 2010 Delta Logistics : Appellant. versus Union of India and ors. : Respondent. Ms.Prerna Sinilkar i/by Anamika Malhotra for the Appellant. Mr. G N Srinivasan and Mr. S D Bhosale for the Respondent. CORAM : J P DEVADHAR AND R M SAVANT, JJ. DATED : 01st December 20 10 P.C. Heard. Perused Appeal. 2 By this Appeal, the Appellant challenges the orders passed by the Customs, Excise & Service Tax Tribunal, Mumbai dated 21/08/2009 and 18/12/2009. By the order dated 21/08/2009 the Appellant was directed to make pre-deposit of Rs. 1.5 lakhs within a period eight weeks. Instead of complying with the said order, the Appellant took out Misc. Application seeking modification of the said order dated 21/08/2009. By its order dated 18/12/2009, the Tribunal declined to entertain the said Misc. Application and dismissed the Misc. Application. However, the Tribunal extended time to make pre-deposit by further period of eight weeks. Even, in spite of extension of time granted by the Tribunal, the Appellant has failed to make pre- deposit. Consequently the Appeal came to be dismissed. The present Appeal is filed on 3/7/2010. 2 CUAPP NO.72/10. 3 The learned counsel appearing for the Appellant gives undertaking to this Court that the Appellant shall make pre-deposit of Rs.1.5 lakhs within a period of six weeks from today. The undertaking given by the learned counsel for the Appellant is accepted. If the Appellant makes pre-deposit of Rs.1.5 lakhs within a period of six weeks from today, the order dismissing the appeal, shall not be operative and the Tribunal shall proceed to dispose of the said appeal on merit. If the Appellant fails to make pre-deposit of Rs.1.5 lakhs, as directed above, the order of the Tribunal dated 18/12/2009 shall become operative. 4 This Appeal is disposed of in the above terms with no order as to costs. [R.M.SAVANT, J] [J P DEVADHAR, J]