IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7493 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE J.N.BHATT and MR.JUSTICE H.K.RATHOD ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- ANJALI COATING PVT LTD Versus UNION OF INDIA -------------------------------------------------------------- Appearance: NANAVATI ASSOCIATES for Petitioners MR MUKESH R SHAH for Respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE J.N.BHATT and MR.JUSTICE H.K.RATHOD Date of decision: 30/09/1999 ORAL JUDGEMENT (Per J.N.Bhatt, J.) Rule, service of which is waived by learned counsel Mr.M.R.Shah for the respondents. After having heard and considering the facts and circumstances, in our opinion, the ends justice will be satisfied, since the application for stay of the petitioner is, yet, to be adjudicated by the respondent authority, by giving following directions: (1) The stay application of the petitioner shall be decided by respondent No.2 within a period of four weeks from the date of receipt of writ of this Court. (2) In the meantime, the raw material and packing material as stated in the annexure of attachment order, shall be released from the attachment forthwith, whereas, the finished goods worth about Rs.10,49,062/- is directed to be released upon furnishing bank guarantee of an amount of Rs.10,50,000/-. (3) In the event of any adverse order in the stay application, the bank guarantee shall not be encashed for a further period of two weeks from the date of receipt of such order, if any, so as to enable the petitioner to avail further remedy. In view of the aforesaid directions, this petition stands partly allowed. Rule is made absolute to that extent without any order as to costs. .... (vjn)