1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2687 of 1993 Kelvinator of India Ltd. .. Petitioner versus Union of India & Anr. .. Respondents ... Mr.P. Parsurampuria for the petitioner. Mr.A.S. Rao with Mr.Rohit Pardeshi for respondent. CORAM : F. I. REBELLO AND D.G. KARNIK, JJ DATED : 18th August 2009 P.C:- 1. It is not necessary to set out the facts in detail. The controversy involved in this petition is similar to what was the issue in petition filed by the petitioner in respect of similar subject matter in Writ Petition no.1111 of 1993 decided on 17th June 2003. A Learned Bench relied on the judgement of the Supreme Court in case of Pratibha Processors Vs. Union of India 1996(88) ELT 12 (S.C) 2 2. At the time of admission, interim relief was granted in terms of prayer clause (c) which was to permit the petitioners to clear the goods on petitioner depositing with respondents 25% of the interest amount, bank guarantee of nationalized bank in favour of Collector of Customs for balance 50% of the interest amount and property security for remaining 25% amount. 3. Considering the order in Writ Petition no.111 of 1993 dated 17th June 2003 in Kelvinator of India Ltd. Vs. Union of India & ors, petition is made absolute in terms of prayer clause (a). Amount deposited be refunded to the petitioner. The bank guarantee as also the security bond to be returned cancelled. (D.G. KARNIK, J) (F.I. REBELLO, J)