1 WP No.6883-10 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6883 OF 2010 Bayer Pharmaceuticals Pvt. Ltd. ..Petitioners Vs. Union of India & Ors. ..Respondents Mr. Prakash Shah i/b PDS Legal for the Petitioners Mr. P. S. Jetly for the Respondents CORAM :- V.C.DAGA & R.M.SAVANT,JJ. DATE :- 1st September, 2010 P.C. 1 Rule, returnable forthwith. The Learned counsel for the Respondents waives service. 2 It is not in dispute that the impugned order dated 23rd July 2010 is appelable order. The appeal lies before the Commissioner of Customs. Under these circumstances, the Petition is allowed to be withdrawn with liberty to file appeal against the impugned order. In the event, the appeal is filed by the Petitioner on or before 6th September 2010, the Appellate Authority is expected to decide the same within 10 days from the date of filing of the Appeal. 3 The Petition is accordingly dismissed as withdrawn with liberty reserved. All the contentions of the parties on merits are kept open. (R.M.SAVANT,J.) (V.C.DAGA,J.)