1 wp2460-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2460 OF 2010 APL (India) Private Limited ..Petitioner. Versus The Commissioner of Customs & others ..Respondents. Mr.K.R. Shriram for the petitioner. Mr.A.S. Rao with Mr.J.B. Mishra for respondent Nos.1 and 2. Mr.Sandeep Parikh with Ms.Ujjwala Deshmukh i/by Deven Dwarkadas & Partners for respondent No.3. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. DATE : 24th February, 2011. P.C. : 1. The petitioners are aggrieved by the inaction on the part of the Customs Authorities in not destuffing the cargo and releasing the containers which are stored in the Container Freight Station of the respondent No.3 since 2006 from time-to-time. In spite of repeated requests made by the petitioners, the Customs Authorities have failed to destuff the cargo and release the containers on the ground that the investigations are in progress. 2 wp2460-10 2. The respondent No.3 in its affidavit-in-reply has stated that there is no space for destuffing the cargo. However, in the affidavit filed on behalf of the Customs Authorities, it is stated that they would destuff the cargo and release the containers belonging to the petitioners within a period of three months from today. The statement is accepted. 3. It is made clear that if for any reason the Customs Authorities are unable to destuff the cargo and release the containers within three months from today, charges payable thereafter on the containers in question would have to be borne by the Customs Authorities. 4. The writ petition is disposed off in the above terms. No costs. (Mrs.Mridula Bhatkar, J.) (J.P. Devadhar, J.)