: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 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1068 OF 2008 Kishore Vazirani. ..Petitioner. Vs. Union of India and anr. ..Respondents. Mr. Birendra Saraf i/by M/s. Shiralkar & Co. for the Petitioner. Mr.A.S.Rao with Ms. H.P.Shah & 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. The appeal preferred by the petitioner was dismissed by order dated 7.12.2007 as he failed to comply with the order of pre-deposit of penalty dated 27.4.2007. This order is the subject matter of the present petition. 4. The contention of the petitioner is that he was not holding shares and the shares are belonging to his father-in-law and he was acting as trustee for his brother-in-law. The fact that has come on record would show that the petitioner was holding 1% share and 99% shares were held by his father-in-law. On his death they came to the petitioner. :2: 5. The further contention urged by the petitioner is that 99% shares were held in trust for his brother in law. The only material on transfer placed was an affidavit. Considering the record the Tribunal did not commit any error of law in ordering pre-deposit. However, to enable the petitioner, if he desire, to contest the appeal on merits, we propose to reduce the amount of pre deposit to Rs.30/- lacs provided the petitioner deposits the said amount within eight weeks from today. In the light of that, we pass the following order. ORDER a) The impugned order dated 7.12.2007 is set aside and the order dated 27.4.2007 is varied to the extent that instead of the amount of Rs.60/- lacs, the petitioner to deposit Rs.30/- lacs before the Tribunal within eight weeks from today. On failure to deposit, the appeal before the Tribunal to stand dismissed for failure to comply with the order of deposit. b) No order as to costs. (R.S. MOHITE, J.) (F.I. REBELLO, J.)