IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.1966 OF 2009 M/s.Solar Tradelinks Ltd.......Petitioner Vs. 1.Union of India & Ors.....Respondents Mr. Vikram Nankani, Counsel i/b. Mr.M.R. Baya, for the Petitioner Mr.P.S. Jetly with J.B. Mishra for the respondents CORAM; F.I. REBELLO & J.H. BHATIA, JJ. DATE : 8TH MAY, 2009 P.C. 1. Rule. Heard forthwith. It is the contention of the petitioners that penalty has been imposed on them on the ground that the petitioners have connived with the yarn manufacturer to evade excise duty. 2. According to the petitioner they have deposited an amount of Rs.2.92 crores and if their contention is accepted then they are not bound to pay the excise duty. The penalty imposed is of Rs.2.25 crores and as such the said amount can be adjusted from the said sum of Rs.2.92 crores. 3. The petitioner comes to this Court contending that in these circumstances the order of the Tribunal directing them to deposit Rs.50 lakhs clearly discloses non-application of mind which at any rate is an error apparent on the face of the record. Considering the above in our opinion the ends of justice will be met if the following order is passed:- (i) The petitioners are directed to furnish a bank guarantee in the sum of Rs.50.00 lakhs within eight weeks from today. On such guarantee being furnished the Tribunal to hear and dispose of the appeal on merits. (ii) Rule made absolute accordingly. No order as to costs. (J.H. BHATIA J.) (F.I. REBELLO, J.)