bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1928 OF 2009 S.C.Oberoi ..Petitioner Vs. Union of India & Ors. ..Respondents Mr.Manoj Sankhecha with Mr.N.D.George for petitioner. Mr.A.S.Rao for respondents. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 25TH NOVEMBER,2009 P.C. 1. Heard. Perused petition. Rule, returnable forthwith. Mr.Rao waives service on behalf of respondents. 2. This petition is directed against the orders dated 11th June, 2009 and 13th August, 2009. By the first order dated 11th June, 2009, the petitioner was directed to pre-deposit an amount of Rs.24,35,227/- together with interest and penalty within eight weeks from the date of order dated 11th June, 2009. The petitioner, not being satisfied with the order, has invoked the writ jurisdiction under Article 226 of the Constitution of India. In the meanwhile, since the order of pre-deposit could not be complied with by the petitioner, the appeal appears to have been dismissed vide an order dated 13th August, 2009. That is how, the petitioner is challenging both the orders dated 11th June, 2009 and 13th August, 2009 in this petition. 3. Having heard the parties, without going to the merits of the case, looking to the consensus of the parties, the impugned order stands modified to the extent that so far as interest part is concerned, the petitioner shall deposit the same in cash and so far as penalty is concerned, the petitioner shall secure the same by way of bank guarantee of any nationalized bank within eight weeks from today and shall keep alive the same till the disposal of the appeal. In the event the order is adverse against the petitioner, till four weeks thereafter. 4. In the result, the impugned orders are set aside and the appeal is restored to the file of the Tribunal with directions to decide the same with expeditious dispatch in accordance with law, after compliance of this order. Needless to mention that failure to comply with this order would automatically result in dismissal of the petition without further reference to the Court. Petition stands disposed of in terms of this order. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)