IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 18396 of 2009 Date of Decision: December 2, 2009 M/s Nandan Auto Tech Limited …Petitioner Versus Union of India and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MRS. JUSTICE SABINA Present: Mr. Jagmohan Bansal, Advocate, for the petitioner. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. Learned counsel for the petitioner contends that the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for brevity, ‘the Tribunal’), vide its order dated 28.8.2009 (P-4) has directed the petitioner to deposit a sum of Rs. 5.7 lacs towards penalty within 8 weeks from that date. Subject to the aforesaid condition, the Tribunal has waived off the condition concerning pre- deposit of balance amount of penalty and stayed the recovery till the disposal of the appeal. The Tribunal has also waived off the penalty imposed on the Director and recovery from him has also been stayed till the disposal of the appeal. C.W.P. No. 18396 of 2009 Mr. Bansal, learned counsel for the petitioner, after applying for withdrawal of the petition has submitted that the time granted by the Tribunal since has expired, may be extended. On behalf of the petitioner, he has submitted that the petitioner undertakes to make payment within four weeks from today. In view of above, if the amount of Rs. 5.7 lacs is deposited within four weeks i.e. on or before 2.1.2010 then the order of the Tribunal shall operate. Subject to the aforesaid modification the writ petition is dismissed as withdrawn. (M.M. KUMAR) JUDGE (SABINA) December 2, 2009 JUDGE Pkapoor 2