IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.67 OF 2008 WRIT PETITION NO.67 OF 2008 WRIT PETITION NO.67 OF 2008 Sailesh V.Shah )..Petitioner Versus Union of India & Ors. )..Respondents ---- Mr.Vikram Nankani with Mr.Madhur R.Baje for the petitioner. Mr.Y.R.Mishra with Mr.Y.S.Bhate and H.P.Chaturvedi for the respondents. ---- Coram : F.I.REBELLO & Coram : F.I.REBELLO & Coram : F.I.REBELLO & R.S.MOHITE,JJ R.S.MOHITE,JJ R.S.MOHITE,JJ Date : 18.01.2008. PC 1. We find from the statement of the petitioner that he is the Director of several companies and also looking after the partnership business of his father. The said statement is annexed at page-137 of the paper book. The petitioner is also staying at Nepean sea road. Learned Counsel stated that these premises are belonging to the petitioner’s father. In our opinion on this material, the Tribunal was therefore, right in not exercising its discretion. 2. However, considering the petitioner’s contention that he is not in a position to deposit the sum of Rs.50/- lakhs, in order to enable the petitioner to : 2 : contest the appeal, the order dated 26.9.2007 is partly set aside and the petitioner is directed to deposit a sum of Rs.10 lakhs within a period of eight weeks from today. On such deposit being made, the appeal to be heard on merits. On failure of such deposit, the Tribunal to dismiss the appeal of the petitioner. 3. Rule made absolute accordingly with no order as to costs. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)