1 wp-224.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 224 OF 2010 Yogendra Taparia. ... Petitioner. V/s. Appellate Tribunal for Foreign Exchange and another. ... Respondents. P.V.Dhopatkar for the petitioner. A.S.Rao for the respondents. CORAM : V.C.DAGA AND R.M.SAVANT, JJ. DATED : 21st September 2010. P.C. : Heard. Rule, returnable forthwith. Mr.Rao waives service for the respondents. Petition is taken up for final hearing by consent of parties. 2. Mr.Dhopatkar, learned counsel for the petitioner, during the course of hearing filed affidavit duly sworn by the petitioner undertaking therein to comply with the order of pre-deposit; wherein the petitioner was directed to 2 wp-224.10 deposit Rs.2,50,000/- by way of pre-deposit. Statement made by the petitioner is accepted. 3. Since the petitioner could not comply with the order of pre-deposit, appeal filed by the appellant resulted in dismissal. Now in view of statement made by the petitioner to comply with the order of pre-deposit, order of dismissal of appeal is set aside. Appeal is restored to file. 4. In the event of such deposit, the appellate Tribunal is directed to hear the appellant and dispose of the appeal on merits by a reasoned order following principles of natural justice. In the event of failure on the part of petitioner to comply with the order of pre- deposit, this petition shall be deemed to have been rejected. 5. Petition stands disposed of in terms of this order with no order as to cost. (R.M.SAVANT, J.) (V.C.DAGA J.)