1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.5655 of 2009 Mahendra Jain @ Bhandari ..Petitioner vs. Union of India ..Respondent Mr.B.Seshgopalan for petitioner Mr.Rana, Sr.Counsel with Mr.A.S.Rao for respondent CORAM: V.C.DAGA AND K.K.TATED JJ 25 th February,2010 P.C. 1 Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondent. 2 Rule. Returnable forthwith. 3 Mr.Rana learned Counsel appearing for the respondent waives service. The petition is taken up for final hearing by consent of the parties. 4 This petition filed at the instance of the petitioner herein, Mr.Mahendra Jain, 2 is directed against the order wherein 100% penalty amounting to Rs.2,80,00,000/- is directed to be deposited within a period of 30 days from the date of the order. 5 The learned Counsel for the petitioner during the course of hearing brought to our notice the pleadings of hardship pleaded in the application for stay/waiver of pre deposit. In paragraph 2 specific averments in that behalf are made in the application with the documents in support thereof. 6 In the entire impugned order of the Tribunal there is absolutely no whisper about the consideration of hardship pleaded by the applicant/petitioner. 7 Mr.Rana, learned Senior Counsel appearing for the respondents could not find any consideration thereof. He, ultimately, found it difficult to support the impugned order left it to the discretion of this 3 Court. 8 In the above view of the scenario, we have no option but to set aside the impugned order and remand the matter back to the Tribunal for consideration afresh. 9 The Tribunal is directed to rehear the application for stay/waiver of pre deposit and decide the said application on its merits by reasoned order dealing with all rival contentions following the principles of natural justice. All rival contentions are kept open. 10 Rule is made absolute in the above terms with no order as to costs. (K.K.TATED J.) (V.C.DAGA J.)