IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1773 OF 2008 M/s.Nashik Strips Pvt.Ltd. & Anr. ..Petitioners V/s. Union of India & Others ..Respondents Mr.V.M. Doiphode i/by M/s.V.M. Doiphode & Co. for the petitioners. Mr.S.S. Pakale with Mr.Kiran Kandpile for the respondents. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 31ST JULY, 2008 P.C. : 1. Heard learned counsel for both the sides. 2. The submission of the learned counsel for the petitioner is that if according to the Settlement Commission, his application under Section 32E(1) was not proper because he has made false statement, then as was done by the Settlement Commission in other cases, his application filed under Section 32E(1) could have been rejected. The learned counsel for the petitioner states that he is willing to withdraw his application and he does not have any objection to the revenue retaining the amount that he has deposited before filing of the application. In this view of the matter, in our opinion, following order would meet the ends of justice. 3. The application filed by the petitioner under Section 32E(1) of the Central Excise Act is permitted to be withdrawn. As a consequence of withdrawal of that application, the order made by the Settlement Commission, which is impugned in the present petition, will not survive. The revenue will continue to hold the amount which is deposited by the petitioner before filing the application under Section 32E(1) and the revenue shall be entitled to deal with that amount in accordance with law. 4. The respondents shall also be entitled to take action, as the application under Section 32E(1) has been withdrawn, against the petitioner in accordance with law including launching prosecution against the petitioner. 5. The writ petition is disposed of. D.K. DESHMUKH, J. J.P. DEVADHAR, J.