1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 276 of 2005 HINDUSTAN ZINC LIMITED V/S U.O.I. & ORS. Mr. Dinesh Mehta, for the petitioner. Mr. Dinesh Gopa Mr. D.L.R. Vyas for Mr. B.M.Bohra, for the respondents. Date of Order : 22.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI DEO NARAYAN THANVI,J. ORDER ----- The matter comes up for consideration of the stay. However, at the request of learned counsel for the parties, the matter is being disposed of at this stage. By the impugned order, the appeal of the appellant has been dismissed for non-compliance of the condition of pre- deposit. Of-course, the order is as old as 28.12.2004, however, since the petitioner submits that he is prepared to deposit the entire amount now within a period of three weeks from today, if not already recovered, and submits that learned Commissioner may be directed to treat sufficient compliance and decide the appeal on merits within time frame. To this, learned counsel for the respondents have also no serious objection. 2 Accordingly, the writ petition is allowed. The impugned order is set aside and the matter is sent back to the Commissioner (Appeals) to decide the appeal on merits provided the petitioner deposits the entire amount within a period of three weeks from today and to decide the appeal within a period of two months from the date of depositing the amount. ( DEO NARAYAN THANVI ),J. ( N P GUPTA ),J. ms rathore