:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.407 OF 2008 Shaan Interswell (India) Ltd. ..Petitioner. Vs. The Union of India and ors. ..Respondents. Mr.Vikram Nankani with Mr. M.R.Baya and Mr. Kiokhawala i/by Nankani & Associates for the Petitioner. Mr. R.V.Desai,Sr. Counsel with Mr.A.S.Rao and Mr. H.P.Chaturvedi for the Respondents. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22ND FEBRUARY, 2008 PC : 1. Rule. 2. Heard forthwith. 3. Challenge is to the order dated 13.9.2007. The learned Appellate Tribunal dismissed the appeal on the ground that there is no application for dispensing of pre-deposit. 3. The learned counsel points out that along with the appeal memo he had also filed independently application for waiver of pre-deposit which is shown as "Exh.D" to the appeal. 4. Having considered the said application, in our opinion, the order dated 13.9.2007 will have to be set aside and consequently the order dated 19.12.2007 for failure to deposit is also set aside. Both the :2: application and appeal restored to files. The learned Tribunal is directed to hear the petition on the application for dispensing of pre-deposit and thereafter to pass an appropriate order according to law. 5. Rule made absolute accordingly. (R.S. MOHITE, J.) (F.I. REBELLO, J.)