1 cuapp73-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.73 OF 2010 M/s. Delta Logistics ..Appellant. V/s. Union of India & Anr. ..Respondents. Ms. Prerana Silimkar i/b. Ms. Anamika Malhotra for appellant. Mr. G.N. Srinivas with S.D. Bhosale for respondents. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 2ND DECEMBER, 2010 P.C. :- 1. This appeal is filed against the order of CESTAT dated 21/08/2009 wherein the Tribunal had directed the appellant to make pre- deposit of Rs.1,50,000/- within the time stipulated therein. The Misc. Application filed by the appellant seeking modification of the said order was dismissed on 18/12/2009 but time for making pre-deposit was extended. Since the appellant failed to make the pre-deposit within the extended period, the appeal came to be dismissed on 12/07/2010, This appeal is filed on 27/07/2010 to challenge the aforesaid order of the CESTAT. Counsel for the appellant states that the appellant is ready 2 cuapp73-10 and willing to comply the order of pre-deposit within a period of six weeks from today. Hence the order of the Tribunal dismissing the appeal on 12/07/2010 is quashed and set aside subject to the appellant making the pre-deposit of Rs.1,50,000/- within a period of six weeks from today. 2. If the appellant makes the pre-deposit within six weeks from today, the Tribunal shall proceed to hear the appeal of the appellant on merits and in accordance with law. If the appellant fails to make the pre- deposit within six weeks from today, the order of the Tribunal dated 12/07/2010 shall stand revived. 3. The appeal is disposed off accordingly in the above terms with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)