(-#-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2709 OF 2007 Raj Exim (India) ..Petitioner Vs. The Union of India & Ors. ..Respondents Mr. J.J. Bhat, Senior Counsel i/b. Kanga & Co., for the Petitioner. Dr. (Mrs.) Poornima Advani with Mrs. N.V. Masurkar & Mr.R.A. Lokhande for the respondents. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE,JJ. R.S.MOHITE,JJ. R.S.MOHITE,JJ. DATED: 11TH JANUARY,2008 DATED: 11TH JANUARY,2008 DATED: 11TH JANUARY,2008 P.C.: P.C.: P.C.: . Rule. Heard forthwith. Petitioners are aggrieved by the order of the Tribunal directing them to pre-deposit of 25% of the amount. . Learned Counsel draws our attention to an earlier order of the Tribunal in Appeal Nos.C/125 to 130/07 on similar question which was before the Tribunal. Learned Counsel relies on the said judgment and the observations in paragraphs 3 and 4. The Tribunal therein was of the opinion that there was failure of the principles of natural justice and fair play and accordingly the Tribunal set aside the order and remanded the matter. This order it is pointed out was placed before the Tribunal in the Appeal from which the petition arose. The said order, it appears, has escaped the attention of the Tribunal when the order of pre-deposit was passed. On behalf of the respondents learned Counsel submits that there are distinctions in the present case and what was disposed of in Appeal Nos.C-125 to 130 of 2007. . Whatever be the position, at the prima facie stage the order passed in Appeal Nos.C-125 to 130 of 2007 would have had a bearing on the outcome of this Appeal. That order was not considered by the Tribunal. Consequently we are of the opinion and in order to save valuable judicial time that the order of pre-deposit be set aside. The Tribunal is directed to dispose of the Appeal on merits according to law. Rule made absolute accordingly. No order as to costs. (R.S.MOHITE, J.) (F.I.REBELLO, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.)