1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION (LODG.) NO.61 OF 2010 Hindustan Petroleum Corporation Ltd. ..Petitioner. Vs. Union of India and another ..Respondents. .... Mr. M.H. Patil for the Petitioner. Mr. Jitendra Mishra for the Respondents. .... CORAM : DR. D.Y.CHANDRACHUD & J.P. DEVADHAR, JJ. 18th February, 2010. P.C.: Counsel appearing on behalf of the Petitioner and counsel appearing on behalf of the Respondents state that in view of the decision of this Court dated 13th January, 2010 in Hindustan Petroleum Corporation Ltd. v. Union of India1, these proceedings may be remanded back to the Tribunal for a fresh decision on the application for waiver of pre deposit in the same terms. In the circumstances, for the reasons already indicated by this Court in its judgment dated 13th January, 2010 in which similar issues have arisen before the Court, the impugned order of the Tribunal dated 7th December, 2009 is set aside. The proceedings shall stand remanded back to the Tribunal for a fresh decision on the application for waiver of pre deposit in terms of the judgment of this Court noted 1 2010(250) E.L.T. 212 (Bom.) 2 above. It is clarified that all the rights and contentions of the parties are kept open to be urged before the Tribunal on merits. The Petition is disposed of. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)