(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CIVIL JURISDICTION APPELLATE SIDE, CIVIL JURISDICTION APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.9129 OF 2007 M/s.Creative Channels Advertising & Marketing Pvt. Ltd. ..Petitioners Vs. Union of India & Ors. ...Respondents Mr. D.B. Shroff, Senior Counsdel i/b. ACC Legal Consultants for the petitioners. Mr. A.S. Rao with Mr. Parag Vyas for respondents. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE,JJ. R.S.MOHITE,JJ. R.S.MOHITE,JJ. DATED: 17TH JANUARY,2008 DATED: 17TH JANUARY,2008 DATED: 17TH JANUARY,2008 P.C.: P.C.: P.C.: . Rule. Heard forthwith. 2. According to the petitioner the vehicle which was duly imported being Model Toyata Land Cruiser bearing No.KA-03-9223 was handed over to them. The Respondents on the ground of misdeclaration and/or undervaluation have initiated enquiries against the importer. Notice was also issued to the petitioner herein as he was in possession of the vehicle. By order dated 20th April, 2007 an order was passed to provisionally release the seized car. Subsequently on the same day on 20th April, 2007 under a supratnama the vehicle was handed over to them. That vehicle has subsequently been taken in possession by the respondents and consequently the present petition. (-2-) 3. It is the submission on behalf of the petitioner that till date the show cause notice has not been issued nor proceedings initiated and under these circumstances the vehicle should be released on certain terms and conditions. On behalf of the Revenue it is submitted that the vehicle can be released to the petitioner on the petitioner complying with the terms of the provisional order dated 20th April, 2007. 4. Considering the facts and circumstances, in our opinion, this petition can be disposed of by issuing the following directions directing for the provisional release of the vehicle in the hands of the petitioner on the petitioner in terms of directions set out below:- (i) The petitioner to deposit with the respondents an amount of Rs.5.00 lakhs as differential duty. (ii) The petitioner will also furnish a bank guarantee towards the balance differential duty in the sum of Rs.5.00 lakhs. (iii) The petitioner shall furnish a bond in a sum of Rs.7,75,000/- and comply with other requirements. (-3-) (iv) The Bank guarantee and bond to be furnished within a period of four weeks. (v) The petitioner further to file an undertaking before this Court that the petitioner undertakes to pay the duty and any any other liability which may be demanded subject to whatever legal rights that they may have. (vi) Rule made absolute accordingly. There shall be no order as to costs. (R.S.MOHITE, J.) (R.S.MOHITE, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)