1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi WRIT PETITION NO. 4650 OF 2010. M/s. Synex Pharmaceuticals Pvt. Ltd. & Anr. ..Petitioners. v/s. The Assistant Commissioner of Central Excise & Ors. ..Respondents. .... Madhuri Sakpal, i/b. Thodur Law Associates, for Petitioners. Mr. P.S. Jetly, a/w. Mr. J.B. Mishra, for Respondents. .... CORAM : V.C. DAGA & S.J. KATHAWALLA, JJ. DATE : 13th JULY 2010. P.C. Perused Petition. 2. Heard Learned Counsel for the petitioners and Learned Counsel appearing for the respondents. This petition is directed against the order dated 1st February 2010 whereby the petitioners were directed to comply with the order directing pre- deposit failing which the appeal was to stand dismissed. Accordingly, it appears that for want of compliance of the order directing pre-deposit, the appeal resulted in its dismissal. 3. The Learned Counsel appearing for the petitioners has filed an affidavit showing readiness and willingness on the part of the petitioners to pre-deposit entire outstandings amounting to Rs. 67,000/- within a period of ten weeks. The statement made in the affidavit to the extent of willingness to deposit is accepted and 2 affidavit is taken on record. 4. Petitioners are granted eight weeks’ time to deposit the amount of Rs.67,000/-. In the event of such deposit, the impugned order dated 1st February 2010 shall stand set aside and the appeal shall stand restored to the file of the Appellate Tribunal which the Appellate Tribunal shall decide on its own merits. All rival contentions on merits are kept open. In the event of failure on the part of the petitioners to comply with this order, this petition shall be deemed to have been rejected with cost quantified in the sum of Rs.5,000/-. 5. Rule is made absolute. Writ Petition is disposed of, in terms of this order. [ S.J. KATHAWALLA, J. ] [V.C. DAGA, J.]