1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2775 OF 2009 WRIT PETITION NO. 2775 OF 2009 WRIT PETITION NO. 2775 OF 2009 WITH WITH WITH WRIT PETITION NO. 2776 OF 2009 WRIT PETITION NO. 2776 OF 2009 WRIT PETITION NO. 2776 OF 2009 WITH WITH WITH WRIT PETITION NO. 2778 OF 2009 WRIT PETITION NO. 2778 OF 2009 WRIT PETITION NO. 2778 OF 2009 WITH WITH WITH WRIT PETITION NO. 2779 OF 2009 WRIT PETITION NO. 2779 OF 2009 WRIT PETITION NO. 2779 OF 2009 Sarla Performance Fibers Ltd. ... Petitioner Vs. The Union of India & Ors. Respondents Mr. V.Sridharan i/b. PDS Legal for the petitioner. Mr. P.S.Jetly with Mr. Rajinder kumar for the respondents. CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND J.H.BHATIA,JJ. J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE: 9th April, 2009. DATE: 9th April, 2009. DATE: 9th April, 2009. P.C P.C P.C. 1. Rule. Heard forthwith. 2. The petitioner has come to this Court against the order of predeposit. We have heard learned Counsel for the petitioner who is an Export Oriented Unit (EOU) and licensed to sell the products in the local market. The Commissioner of Central Excise, considering the controversy, has demanded the deposit of about Rs.85 lakhs as predeposit. 2 3. Having heard the learned Counsel for the patrties and as it is not a case of the Respondents that the petitioner would not be in a positioion to pay the duty, penalty and fine, if any, ultimately imposed, the impugned order is modified to the extent that the petitioner within four weeks from today to furnish a bank guarantee in the sum of Rs.50 lakhs and keep it alive till the disposal of the appeal and for a further period of 8 weeks from that date. 4. Rule is made absolute accordingly. No order as to costs. (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)