Writ Petition No.7995/2011 01.11.2011 Shri G.S. Patwardhan, learned counsel for the petitioner. Shri Vivek Sharan, learned Assistant Solicitor General for the respondents. With consent, heard finally. By this petition, the petitioner has challenged the order dated 14.06.2011 (Annexure P/5) passed by the Employees' Provident Fund Appellate Tribunal, New Delhi (for short, the Tribunal) in ATA No.98 (8)2011, by which the Tribunal has dismissed the petitioner's appeal, holding it to be not maintainable on account of not making pre-deposit to the extent of 40% of the assessed amount, as per the impugned order within the time of two months fixed by it vide order dated 09.02.2011. The case of the petitioner is that due to unavoidable circumstances and financial constraint, the amount could not be deposited within time. However, it has been stated that in case this Court grants the petitioner a further time of two weeks from today, the petitioner shall deposit the requisite amount and in that case, the Tribunal be directed to decide the petitioner's appeal on merits, after restoring it. Having regard to the aforesaid prayer, in the interest of justice, we feel that the same deserves to be allowed. Accordingly, we dispose of this writ petition by granting the petitioner two weeks time to deposit the amount to the 2 extent of 40%, as directed by the Tribunal vide its interim order dated 09.02.2011. On such deposit being made, the Tribunal shall restore ATA No.98 (8)2011 and shall decide the same on merits. With the aforesaid liberty and direction, the petition stands disposed of. C. c. by tomorrow. (Shantanu Kemkar) (Prakash Shrivastava) Judge Judge rcp