1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2563 OF 2008 M/s.Shree Shiv Steel Rolling Mills. ...Petitioner vs. 1.The Union of India & ors. ...Respondents. --- Mr.M.H.Patil i/b. Apex Law Partners, for Petitioner. Mr.A.S.Khan, for Respondent no.1. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 4th September,2008. P.C.:- 1. Rule returnable forthwith. Heard finally by consent of parties. 2. After having heard the learned Counsel appearing for both the sides, specially after considering the financial position of the petitioner and in view of the willingness of the petitioner to 2 furnish bank guarantee in the amount of Rs.60 lakhs, in our opinion, the following order would meet the ends of justice:- The order of the tribunal directing the petitioner to deposit Rs.70 lakhs as pre-condition for hearing the appeal is modified to the following extent:- The petitioner has already deposited an amount of Rs.10 lakhs; so far as the balance amount of Rs.60 lakhs is concerned, the petitioner shall, within a period of eight weeks from today, furnish bank guarantee in the amount of Rs.60 lakhs of a nationalised bank to the satisfaction of respondent no.2. While disposing of the appeal on merit, the respondent no.2 shall also make appropriate order about the bank guarantee. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) 3 (J.P.DEVADHAR, J.)