*1* kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7658/2009 WITH WRIT PETITION NO.7659/2009 M/s Amit Paper Mills. (wp/7658/09) M/s Ganesh Paper Mills. (wp/7659/09) ..Petitioners -Versus- Union of India and others. ..Respondents ........... Mr.V.Sridharan a/w Mr.Prakash Shah i/b PDS Legal, for the Petitioners. Mr.M.I.Sethna, for the Respondents. .......... CORAM : V.C.DAGA & K.K.TATED, JJ. Date : 02nd March, 2010. P.C. 1 Heard the learned counsel for the rival parties. 2 Rule, returnable forthwith. By consent taken up for final hearing. 3 These petitions are directed against the order dated 24.08.2009 passed by the Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Mumbai directing the Petitioners to pre-deposit the duty amount in all four appeals. 4 During the pendency of petitions, the Petitioners have produced certificate dated 14.01.2010 issued by the Khadi & *2* Village Industrial Commission. The said certificate may have its own bearing on the merits of the impugned order. Since the said certificate is coming on record for the first time by way of subsequent event. It would be in the interest of justice to set aside the impugned order and remit the matters back to the Tribunal for consideration afresh. The Tribunal shall take into account the certificate dated 14.01.2010 and shall consider impact of the same on merits of the matter. 5 So far as other aspects are concerned, we have not examined merits or de-merits of the same. The rival contentions in that behalf are kept open. The Tribunal shall consider and decide the application for waiver of pre-deposit a fresh within a period of six weeks from today by reasoned order following principles of natural justice. 6 Rule made absolute in the above terms. Both petitions are disposed of accordingly. No order as to costs. (K.K.TATED, J.) (V.C.DAGA, J.)