IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2786 OF 2007 WRIT PETITION NO.2786 OF 2007 WRIT PETITION NO.2786 OF 2007 M/s.Pooja Tex Prints P.Ltd. .. Petitioner V/s Customs Excise & Service Tax Appellate Tribunal, WZB and Anr. .. Respondents Mr.A.M.Sachwani with Mr.V.M.Advani & Mr.R.R.Shah for the Petitioner. Mr.A.S.Rao & Mr.Parag Vyas for Respondents. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & V.C.DAGA, JJ. V.C.DAGA, JJ. V.C.DAGA, JJ. DATE : 20th June, 2007. ATE : 20th June, 2007. ATE : 20th June, 2007. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. By this petition, the Petitioner is challenging the order dated 29th September, 2006 whereby the CESTAT has dismissed the appeal filed by the petitioner for non deposit of an amount of Rs.10 lakhs which was directed to be made by way of pre-deposit as per its earlier order dated 20th October, 2005. By an order dated 20th October, 2005 th Petitioner was directed to make a pre-deposit of Rs.10 lakhs within a period of four weeks and report compliance by 23rd November, 2005. Thereafter, by an order dated 24th January, 2006 the time period for pre-deposit was extended till 4th April, 2006. Ultimately, the Appeal was dismissed on 29th September, 2006 for non deposit of pre-deposit amount. 2. It may be noted here that the Petitioner did not challenge the order of pre-deposit dated 20th October, 2005 and sought extension of time twice, and at this belated stage the Petitioner is seeking to move this Court. We are not inclined to entertain this petition. We do not find anything illegal or erroneous in the orders passed by the Tribunal. Hence, the Petition stands dismissed. 3. Now, the learned Counsel for the Petitioner states that the Petitioner has already deposited Rs.6.5 lakhs out of the pre-deposit amount of Rs.10 lakhs and that the Petitioner undertakes to deposit the balance amount of Rs.3.5 lakhs within a period of eight weeks from today. Hence, it is made clear that if the aforesaid balance amount of Rs.3.5 lakhs is deposited by the Petitioner within a period of eight weeks from today, the aforesaid Appeal before the CESTAT will stand revived for disposal, failing which it will remain dismissed. (V.C.DAGA, J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA, J.) (DR.S.RADHAKRISHNAN,J.) (V.C.DAGA, J.) (DR.S.RADHAKRISHNAN,J.)