AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2062 OF 2008 Shri Shobham S. Mehta ..Petitioner V/s. Union of India & Others ..Respondents Mr.Vikram Nankani with Mr.Jain & Mr.P.K. Shetty for the Petitioner. Mr.R.V. Desai with Mr.D.A. Athavale for the Respondents. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 18TH SEPTEMBER, 2008. P.C. : 1. Rule returnable forthwith. Heard finally by consent of both the parties. 2. We find that though the new Act has come into force from 31st May, 2000 while issuing show cause notice, the amount of penalty after the new Act came into force are not demarcated. Therefore, in our opinion though it cannot be said that the order which is impugned in the appeal before the tribunal is ex-facie bad, there appears to be definite prima facie case to that extent in favour of the petitioner. 3. We have heard the learned counsel for both the parties. In our opinion considering that the amount of penalty is Rs.15,00,000/-, it will be in the interest of justice to direct the petitioner to deposit 50% of the amount of penalty. Accordingly, the order impugned in this writ petition is modified in following terms : 4. The application of the petitioner for dispensing with the pre-deposit filed before the tribunal is partly allowed. The petitioner is permitted to deposit 50% of the amount within a period of 30 days from today. On the amount being deposited, the tribunal shall hear the appeal on merits in accordance with law. 5. The writ petition is disposed of in terms of this order. No costs. D.K. DESHMUKH, J. J.P. DEVADHAR, J.