IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1527 OF 2000 WITH WRIT PETITION NO. 2380 OF 2001 Binani Metals Ltd. and another. ... Petitioners. V/s. Union of India and others. ... Respondents. Zal Andhyarujina i/b. N.M.Shah for the petitioners. E.P.Bharucha, senior counsel with U.J.Makhija and P.Khanddar i/b. Mulla & Mulla C.B.C. for respondent No.2 (in W.P.No.1527/2000) U.J.Makhija with P.Khanddar i/b. Mulla & Mulla C.B.C. for respondent No.2 (in W.P.No.2380/2001) CORAM : V.C.DAGA AND S.J.KATHAWALLA, JJ. DATED : 30th June 2010. P.C. : 1. Heard learned counsel for the petitioners and learned counsel for the respondents. Perused petitions. 9 2. Both these petitions are directed against the order of review passed by the Traffic Committee in the form of its resolution. Both parties agree that so far as the larger issue raised in these petitions relating to the warehousing charges is concerned, the said issue is squarely covered by the judgment of this Court in the case of Modern Rubber Industries v. Union of India, 2003 (154) ELT 571 (Bom.) to which one of us (Daga, J.) is party. In this view of the matter, it is not necessary to go into the issues raised in the petitions since the same are already covered by the aforesaid judgment. Adopting the same reasons, submissions made in this behalf are rejected. 3. However, during the course of hearing learned counsel for the petitioner urged that entire liability of the Bombay Port Trust has already been settled by the petitioners and nothing is due and payable to respondent No.2. As a consequence thereof, the petitioners would be entitled to refund of Rs. 52,006.50 in Writ Petition No.1527/2000 and Rs.19,776/- in Writ Petition No. 2380/2001 as admitted by the respondent- Bombay Port Trust in their affidavits dated 10.11.2000 and 25.10.2001, respectively. The learned counsel for the respondents agreed to pay the said amounts to the petitioners within a period of eight weeks. The statement made is taken on record. 4. The petitioners shall also be entitled for refund of the security deposit given by the petitioners in the sum of Rs.3 lacs in Writ Petition No. 1527 of 2000. The Prothonotary & Senior Master shall refund the said amount with interest accrued thereon, within a period of eight weeks. 5. Both petitions are disposed of in terms of this order with no order as to costs. (S.J.KATHAWALLA, J.) (V.C.DAGA, J.)