ORDER
A.R. Dave, J.
1. Learned advocate Mr. Amar Dave appearing for the petitioner has fairly submitted that proper course for the petitioner at this stage is to approach the CESTAT to ascertain the amount which the petitioner should pre-deposit for the purpose of his appeal being heard. It has been submitted by him that a common order was passed by the CEGAT on 30-7-2002 whereby it was directed that if a sum of Rs. 35/- Lacs was pre-deposited by M/s. Pushpa Silk Mills Pvt. Ltd., it was not necessary for the other persons to deposit any amount by way of pre-deposit.
2. It is the petitioner’s case that the Company, namely, M/s. Pushpa Silk Mills Pvt. Ltd. did not deposit the said amount but along with the said Company, the petitioner also challenged the validity of the said order. The petitioner and the Company, both wanted the amount of pre-deposit to be waived. In the said litigation, ultimately, the Hon’ble Supreme Court ordered [2004 (165) E.L.T. A122 (S.C.)] that there was no case for waiver but it was kept open to the concerned party to approach the Tribunal for getting further time to deposit the amount of pre-deposit.
3. Now, the petitioner would like to pre-deposit his share of amount but as the said amount has not been determined, he would like to move an application for modification before the CESTAT so that the CESTAT can determine the amount which the petitioner has to deposit.
4. We are sure that if such an application is filed before the CESTAT, the same would not be rejected on the ground of limitation and shall be decided on merits preferably within a period of one month from the date of filing of the application.
5. In view of the above observation, learned Advocate Mr. Amar Dave seeks permission to withdraw the present petition so that an appropriate application can be filed before the CESTAT within a period of two weeks from today. Permission as prayed for is granted. Petition stands disposed of as withdrawn.