IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5831 OF 2008 WRIT PETITION NO.5831 OF 2008 WRIT PETITION NO.5831 OF 2008 Shri Bhavarlal L. Jain ..Petitioner. V/s. The Union of India & Ors. ..Respondents. Mr.L.S.Shetty for petitioner. CORAM : P.B.MAJMUDAR AND CORAM : P.B.MAJMUDAR AND CORAM : P.B.MAJMUDAR AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 18TH NOVEMBER, 2008 DATED : 18TH NOVEMBER, 2008 DATED : 18TH NOVEMBER, 2008 P.C. :- P.C. :- P.C. :- 1. This Writ Petition is filed by the petitioner under Article 226 & 227 of the Constitution of India challenging the order passed by the Tribunal on 5/5/2008 in Appeal No.181 of 2007. By the impugned order, the Tribunal has, after considering the facts and circumstances of the case, directed the petitioner to make full payment of the penalty amount and in default the application for stay is ordered to be rejected. 2. The Tribunal had directed to pay penalty of Rs.3 lakhs. The Tribunal has found that this cannot be said to be a case of any undue hardship and after considering the material on record, the impugned order - = : 2 : = - is passed. The Tribunal has considered prima facie case regarding merits in para 5 of the order. In our view, considering the reasoning in the order, it is not a case where we would like to exercise our jurisdiction under Article 226 and 277 of the Constitution of India in interfering with the impugned order by which the petitioner is directed to deposit Rs.3 lakhs by way of pre-deposit as a condition precedent for hearing the appeal. 3. At the request of learned counsel for the petitioner, we grant time to deposit the amount in question upto 31st December, 2008. The Tribunal shall not dispose of the appeal, if not dismissed so far, till 31/12/2008. 4. In case the amount is deposited by the aforesaid date, the appeal be heard and disposed of on merits. If the amount is not deposited by the said date, it will be open for the Tribunal to pass appropriate orders in that regard. 5. Subject to the above, petition is dismissed with no order as to costs. (P.B.MAJMUDAR (P.B.MAJMUDAR (P.B.MAJMUDAR J.) J.) J.) - = : 3 : = - (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)