IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12366 of 2009 M/S THE LONGIA BIRI COMPANY Versus THE UNION OF INDIA & ORS ----------- 02. 15.09.2009 After all the submissions made at the bar learned counsel for the petitioner submits that petitioner is willing to deposit 50% of the assessed amount, for non-deposit of which ATA Case No. 745(3) of 2007 stood dismissed. Submission is that for many a reasons petitioner was prevented to deposit the said amount and now his appeal stood dismissed without deciding the merit, he has been left remediless. On a categorical assurance being given that 50% of the assessed amount will be deposited within 30 days from today, the impugned order dated 28.5.2009, contained in Annexure-1, passed by the Employees Provident Fund Appellate Tribunal is set aside. If the petitioner deposits 50% of the amount within 30 days, the Tribunal will decide the appeal on its own merit and pass order. If no deposit is made, then Annexure-1 will revive and no separate order is required to be passed by the Tribunal. The writ application stands disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)