hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2390 OF 1990 Sun Pharmaceuticals Industries Ltd. ... Petitioner Versus Union of India and Ors. ... Respondents Mr. Rohan Cama with Mr. Mahesh Londhe and Mr. Sanjay Udeshi i/by M/s. Sanjay Udeshi & Co. for Petitioner. Mr. P.S. Jetly for Respondents. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATED : AUGUST 11, 2009 P.C. It is not necessary to set out facts in detail. Petitioners were seeking to re- export the goods under section 69 of the Customs Act. In the internal noting made it was set out that interest @ 18% on duty should be recovered from 29.12.1989 to 10.8.1990. At the admission stage based on Minutes of Order dated 14.8.1990, Petitioners were allowed to re-export the goods on furnishing a bank guarantee for the amount of interest in the sum of Rs.2,85,304/- and to keep the bank guarantee alive. This court on 14.8.1990 passed an order in terms of the Minutes of the order. In the reply filed by Shri. P.N. Bachate, Asst. Commissioner of Customs, it is set out that the Petitioners had imported raw materials for their products under OGL as per Import Export Policy. On the Petitioner’s conducting test on the goods, they found that the goods were not upto the mark and thereafter wanted to send them back to the original consignee. The Petitioners filed necessary applications for reexport of the goods and in these circumstances, the respondents directed petitioners for payment of interest accrued till next morning. The Supreme Court in the case of Pratibha Processors and Others Vs. Union of India and Others, 1996 11 SCC 101 has taken a view that if the amount of duty payable is nil, the interest payable also will be nil. Consequently the petition will have to be allowed. In the light of the above, Petition allowed in terms of Prayer Clause (a). Consequently, the bank guarantee, if it is kept alive, be returned to the Petitioners duly canceled. (D.G. KARNIK,J.) (F.I. REBELLO,J.)