1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5641 OF 2008 Jai Prakash Strips Ltd. ...Petitioner vs. 1.The Union of India & ors. ...Respondents. --- Mr.Prakash Shah i/b. PDS Legal, for Petitioner. Mr.R. Ashokan, for Respondents. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 4th September,2008. P.C.:- 1. The learned Counsel appearing for petitioner has pointed out to us an order made by the same Tribunal on 28.4.2008 in application no.E/Stay/179/08 in appeal no.E/154/08-Mum, M/s.Ambika Waste Management Pvt.Ltd. Vs. Commissioner of Central Excise & Customs, Aurangabad”. It is submitted by the learned Counsel appearing for petitioner that the 2 law and facts involved in that application are identical to the facts and law involved in this petition and by that order the tribunal has directed to pre-deposit 1/4th of the duty amount. However, in the present case the tribunal has directed the petitioner to deposit complete duty amount. 2. We have heard the learned Counsel appearing for respondents. In our opinion, without going into the merits of the contention, the following order would meet the ends of justice:- (i) In case the petitioner deposits further amount of Rs.2 lakhs with the respondent no.2 and makes an application to the tribunal for reconsideration of the order dated 23.5.2008 which is impugned in this petition within a period of two weeks from today, on the basis of the order of the tribunal referred to above in the case “M/s.Ambika Waste Management Pvt.Ltd. Vs. Commissioner of Central Excise & Customs, Aurangabad”, the tribunal shall consider that application in accordance with law and shall make order thereon as expeditiously as possible 3 in any case within a period of six weeks from the date of the application. (ii) Till the tribunal decides the application to be filed by the petitioner as per this order, the tribunal shall not dismiss the appeal of the petitioner for non compliance of order dated 23.5.2008. (iii) Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)