1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.2357 OF 2009 M/s.Hindustan Petroleum Corporation Ltd. ..Petitioner. Vs. The Union of India and others ..Respondents. .... Mr. M.H. Patil with Mr. Sachin Chitnis for the Petitioner. Mr. R.V. Desai, Senior Advocate with Mr. R.B. Pardeshi for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 23 June 2010. P.C. : At the hearing of the Petition Counsel appearing on behalf of the Petitioner and Counsel appearing on behalf of the Respondents have agreed that the impugned order of the Commissioner (Appeals),Central Excise, Mumbai Zone-II dated 4 September 2009 be set aside and the Commissioner may be directed to pass a fresh order on the application of the Petitioner for waiver of pre-deposit under Section 35F of the Central Excise Act, 1944. In the circumstances, 2 following order is passed by consent : i) The impugned order of the Commissioner (Appeals) Central Excise, Mumbai, Zone-II dated 4 September 2009 is set aside; ii) The Commissioner ( Appeals) is directed to pass fresh orders on the application for waiver of pre-deposit under Section 35F in accordance with law; iii) All the rights and contentions are kept open on merits. The Petition is accordingly disposed of in these terms since no other relief is sought. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)