1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1647 OF 1988 NO.1647 OF 1988 NO.1647 OF 1988 M/s M/s M/s Bakewell (India) Co. Bakewell (India) Co. Bakewell (India) Co. ...... Petitioner Petitioner Petitioner vs vs vs 1.1.1. Supt.of Supt.of Supt.of Central Excise & ors.. Central Excise & ors.. Central Excise & ors.. Respondents Respondents Respondents Mr.AshokSingh Mr.AshokSingh Mr.AshokSingh i.b i.b i.b H.Mehta & Co for H.Mehta & Co for H.Mehta & Co for Petitioner Petitioner Petitioner Mr.K.R.Chaudhary Mr.K.R.Chaudhary Mr.K.R.Chaudhary i.b i.b i.b Mr.H.P.Chaturvedi Mr.H.P.Chaturvedi Mr.H.P.Chaturvedi for for for Respondents Respondents Respondents CORAM CORAM CORAM : Dr.S.Radhakrishnan : Dr.S.Radhakrishnan : Dr.S.Radhakrishnan and and and V.C.Daga, V.C.Daga, V.C.Daga, JJ JJ JJ DATED DATED DATED : : : 27th June, 2007 27th June, 2007 27th June, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the petitioner and Heard learned counsel for the petitioner and Heard learned counsel for the petitioner and learned learned learned counsel for the respondents. Learned counsel for the respondents. Learned counsel for the respondents. Learned counsel counsel counsel for the respondents has produced before us for the respondents has produced before us for the respondents has produced before us order order order of the Assistant Commissioner of Central of the Assistant Commissioner of Central of the Assistant Commissioner of Central Excise, Excise, Excise, dated 17th January, 2005 whereby show cause dated 17th January, 2005 whereby show cause dated 17th January, 2005 whereby show cause notice notice notice cum demand notice issued against the cum demand notice issued against the cum demand notice issued against the petitioner petitioner petitioner has has has been dropped and the penalty imposed been dropped and the penalty imposed been dropped and the penalty imposed on on on the petitioner has been cancelled. Mr.Choudhary the petitioner has been cancelled. Mr.Choudhary the petitioner has been cancelled. Mr.Choudhary reiterates reiterates reiterates that that that the said order pertains to the show the said order pertains to the show the said order pertains to the show cause cause cause notice and is annexed as Exhibit A. In view notice and is annexed as Exhibit A. In view notice and is annexed as Exhibit A. In view thereof, thereof, thereof, nothing further survives in the petition. nothing further survives in the petition. nothing further survives in the petition. Hence, Hence, Hence, Rule stands discharged. Rule stands discharged. Rule stands discharged. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)