TMI Blog2008 (9) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... y, the petitioner is hereby directed to deposit a sum of ₹ 10 lacs within two weeks and remaining amount of ₹ 15 lacs within four weeks thereafter - 11180 of 2008 - - - Dated:- 9-9-2008 - K.A. Puj and Rajesh H. Shukla, JJ. [Judgment per : K.A. Puj, J. (Oral)]. - Heard Mr. Mihir Joshi, learned Senior Counsel with Mr. S.N. Thakkar, learned Advocate appearing for the petitioner and Mr. Harin P. Raval, learned Assistant Solicitor General appearing for the respondent on advance copy being served on him. Looking to the short issue involved in the petition, the same is taken up for final hearing. 2. The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order passed by the Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2007. He has, therefore, submitted that without considering this aspect of the matter, the Tribunal has passed the impugned order and hence this Court should exercise its writ jurisdiction under Article 226 of the Constitution of India granting necessary relief, as prayed for in the petition. 5. Mr. Harin P. Raval, learned Assistant Solicitor General appearing for the respondent has submitted that the Tribunal has considered all the aspects of the matter and arrived at the figure of Rs. 1 crore by way of pre-deposit and hence this Court should not interfere in the order. He has further submitted that the conduct of the petitioner is such that no indulgence is required to be shown. During the course of investigation as well as adjudicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er should not be non-suited, without being considered its appeal on merits, by passing an order of pre-deposit of such amount which may not be complied with. 7. Considering the entire facts and circumstances of the case, we are of the view that interest of justice would better be served if the petitioner is ordered to deposit a sum of Rs. 25 lacs within six weeks from today. Accordingly, the petitioner is hereby directed to deposit a sum of Rs. 10 lacs within two weeks and remaining amount of Rs. 15 lacs within four weeks thereafter. In any case, the entire amount as indicated above should be deposited within six weeks from today. On deposit of Rs. 25 lacs within six weeks, the appeals, which are pending before the Tribunal can be taken u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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