IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION WRIT PETITION NO. 4841 OF 2009 M/s. Bhagyalakshmi Lab. Ltd & Anr. (Formerly known as M/s. Cophar Lab Ltd.) ...Petitioners. v. Union of India ...Respondent. Mr.B.Seshagopalan with Girish R. Agrawal , advs. For the Petitioners. Mr.A.S.Rao, adv. For the Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 25TH JUNE, 2009 P.C. 1 Rule. Heard forthwith. 2 Petitioner has approached this Court against the order of pre-deposit. So far as the petitioner is concerned, penalty of Rs.7.5 lacs was imposed. Against the co-petitioner, penalty of Rs.1 lac was imposed. The learned counsel does not press the reliefs against the order of pre-deposit so far as the co-petitioner is concerned as in the meantime, it is submitted that entire penalty of the co-petitioner has been waived. This petition, is, therefore, restricted to the challenge of the petitioner no.1. 3 It is the case of the petitioner that out of the amount of 1,12,600 US Dollars on account of exports, petitioners have managed to bring in 40,000 US Dollars. Rest could not be recovered on account of - 2 - failure by their purchasers to remit the money. In these circumstances, it is further submitted that the Tribunal did not address itself to the proceeding required for waiver of pre-deposit, financial hardship, balance of convenience. We do not propose to enter into the controversy. On considering the facts and circumstances, in order to enable the appellant/petitioner to prosecute the appeal, we direct that the petitioner depositing sum of Rs.2.5 lacs within six weeks from today, the appeal be heard on merits. In case of failure to deposit the sum, the appeal to stand dismissed. 4 Rule made absolute accordingly. No order as to costs. (J.H. BHATIA,J.) (F.I. REBELLO,J.)