1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2657 of 1993 M/s.Pallav Plastic & Packaging .. Petitioner versus Union of India & ors. .. Respondents ... Mr. Noshiv Varia i/b Malvi Ranchodas & Co. for the petitioner. Mr.R.V. Desai, Sr.Advocate with Mr.P.S. Jetly and Mr.R.B. Pardeshi for respondent. CORAM : F. I. REBELLO AND D.G. KARNIK, JJ DATED : 18th August 2009 P.C:- 1. The petitioners had approached this court to challenge the detention memo dated 22nd November 1993. The petitioners had also prayedby way of interim relief to direct the respondent not to act on the detention memo and further prayed for an order to direct the respondents by mandatory order of injunction to forthwith release the goods detained pursuant to the impugned detention memo. 2 2. This court on 24th December 1993 was pleased to grant interim relief in terms of prayer clause c(i) as also prayer clause c(ii) on the petitioner undertaking to deposit a sum of Rs.28,685/-. 3. Reply has been filed by Mr.P.T. Shikre. In the said affidavit, it is pointed out that pursuant to the judgement of this court in an appeal in Writ Petition no.1300 of 1985 against the order of 31st October 1991, petitioners were eligible for exemption under notification dated 2nd August 1974 as amended from time to time in respect of import of HDPE. 4. Considering that the exemption notification is available to the petitioner the detention memo consequently will have to be quashed. In the light of that, petition made absolute in terms of prayer clause (a). Amount of Rs.28,685/- along with accrued interest if any, be returned to the petitioner on the petitioner producing a certified copy of the order of this court. Rule made absolute accordingly. (D.G. KARNIK, J) (F.I. REBELLO, J)