1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION WRIT PETITION NO.4107 OF 2009 Abbas S. Master ...Petitioners. v. Union of India & Ors. ...Respondents. Mr.T.V.Shah & N.K.Vyas, advs. For the Petitioners. Mr.S.M.Shah with Mr.Rajinder Kumar & Mr.P.Khosla i/by H.P.Chaturvedi, advs. For the Respondents. CORAM: F.I. REBELLO & J.H. BHATIA, JJ. DATED : 18TH JUNE, 2009 P.C. 1 This is yet one more petition which has come to our attention, where attempts are being made to prolong the adjudication process. After an order of pre-deposit is made, parties do not deposit the amount but file an application for modification of the order. When the appeal comes up for hearing, most of the times, attention of the Tribunal is not brought to the non-disposal of the application for modification. The order of pre-deposit is also not challenged before this Court. Consequently, on account of non-deposit or parties not appearing on the date fixed, the Tribunal dismisses the appeals. 2 2 Parties thereafter, come to this Court by way of writ petition or appeal and contend that when the application for modification of the order of pre-deposit was pending , the order passed in the appeal for dismissing the appeal for non-deposit should be set aside and an opportunity be given. 3 A series of petitions and appeals have come up before us and we must take judicial notice of this new practice which is developing. In our opinion, this practice which has come to our attention is meant to defeat the ends of justice. It is nothing but an abuse of the process of the Court which this Court must firmly deal with. 4 Against the order dismissing an appeal, there is a statutory remedy by way of appeal. The learned counsel however, contends a writ petition is maintenable as the grounds available in the writ petition are wider than in the appeal. We are not impressed with the Subject. The appeal to the Court is a statutory remedy confined to a substantial question of law. Under the circumstances, in our opinion, the writ jurisdiction shall not be allowed to be invoked. 5 We asked the learned counsel whether he is willing to deposit the amount as directed so as to give opportunity to prosecute the 3 petition. The learned counsel expresses inability of the petitioner to deposit. 6 Considering the above, in our opinion as there is not merit, petition stands dismissed. (J.H. BHATIA,J.) (F.I. REBELLO,J.)