IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 436 OF 2008 Vinod Sigtia. ... Petitioner. V/s. The Appellate Tribunal for Foreign Exchange and others. ... Respondents. Ms.Mallika Ingale i/b. M.M.Patel for the petitioner. Mrs.S.V.Bharucha for the respondents. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 17th December 2009. P.C. : Rule, returnable forthwith. Mrs.Bharucha waives service for the respondents. Petition is taken up for final hearing. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. Perused petition. 3. During the course of hearing, the petitioner has filed an undertaking dated 17th December, 2009 stating therein to pay the amount as stated therein. The undertaking filed and the statements made therein are taken on record and marked `X for identification. 4. In view of the undertaking and subject to compliance thereof, the impugned order dated 26th July, 2007 is set aside and the appeal is restored to file of the Tribunal. The Tribunal shall hear the appeal on its own merits subject to compliance of the undertaking by the petitioner. The petitioner is put on notice that he shall not be entitled for further extension on any count. Failure on the part of the petitioner to comply with the undertaking on or before 31st March, 2009, petition shall be deemed to have been dismissed automatically without reference to the Court. 5. Rule is made absolute in terms of this order with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)