IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 2614 OF 2008 PETITION NO. 2614 OF 2008 PETITION NO. 2614 OF 2008 Shrish R.Mehta .. Petitioner vs Union of India & ors .. Respondents Mr.K.R.Parekh i.b K.R.Parekh & Co for Petitioner Ms.S.V.Bharucha with Mr.M.S.Bharadwaj for Respondents .. CORAM CORAM CORAM : F.I.Rebello and : F.I.Rebello and : F.I.Rebello and J.H.Bhatia, J.H.Bhatia, J.H.Bhatia, JJ JJ JJ DATED: DATED: DATED: 8th April, 2009 8th April, 2009 8th April, 2009 P.C. P.C. P.C. Rule. Heard forthwith. 1. The petitioner had approached this Court against the order of pre-deposit. Alongwith the petitioner on various other persons a penalty was imposed by an order dated 28th August, 2003 in respct of which appeals were preferred. Orders of pre-deposit were passed which were the subject matter of the Writ petition before this Court being Writ Petition No.1831 of 2008 and other petitions. This Court disposed of the said petition by an order dated 28th August, 2008. On speaking to the minutes of the order, a further order was passed on 20th February, 2009 modifying the order dated 28th August, 2003 and as a consequence of the modification, the matter was remanded back to the original adjudicating authority for a denovo hearing. 2. In the earlier Writ Petition by consent, order of 28th August, 2003 itself was set aside. Parties agree to the same order in this petition. In the light of that, order dated 28th August, 2003 is set aside. Consequently, the Appeal filed has become infructuous and the matter is remanded back to the original adjudicating authority for deciding matter afresh. Rule is made absolute accordingly. No order as to costs. { J.H.Bhatia, J } J.H.Bhatia, J } J.H.Bhatia, J } { F.I.Rebello, J } F.I.Rebello, J } F.I.Rebello, J }