AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.908 OF 2008 M/s.Rahi Enterprises ..Petitioner. V/s. Union of India & Others ..Respondents. Mr.T.N. Shah for the petitioner. Mr.R.F. Lambey with Mrs.S.V. Bharucha for the respondents. CORAM : SMT.RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 11TH FEBRUARY, 2009. P.C. : 1. Rule. Rule is made returnable forthwith. By consent of both the parties, petition is taken up for final hearing. 2. We have heard learned counsel for the petitioner and learned counsel for the respondents. It appears that the appeal filed by the petitioner before the Appellate Tribunal for Foreign Exchange (‘Appellate Tribunal’ for short) was dismissed because the petitioner did not deposit the pre-deposit of 30% of the amount of penalty within 45 days, as directed. Learned counsel for the petitioner states that the petitioner shall deposit the pre-deposit amount as directed within a period of six weeks from today. The statement is accepted. 3. In view of this statement, we pass the following order : If the amount ordered as predeposit is deposited as per the statement made by learned counsel for the petitioner, the impugned order dated 2-11-2007 passed by Appellate Tribunal shall stand quashed and set aside and appeal shall stand restored and appeal shall be dealt with in accordance with law including application for condonation of delay. Needless to say that if the amount is not so deposited there is no question of the appeal being heard because the impugned orders shall stand confirmed. 4. The writ petition is disposed of in above terms. (Judge) (Judge)