1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 195 OF 2010 IN WRIT PETITION NO. 1721 OF 2009. M/s. Royal Cushion Vinyl Products Ltd. ..Petitioner/ Applicant. v/s. Union of India & Ors. ..Respondent. .... Mr. N.C. Thakkar, Senior Counsel, i/b. Thakore Jariwalla & Ass., for Petitioner/Applicant. Mr. S.S. Pakale, a/w. Shri Rajinder Kumar, for Respondent. .... CORAM : V.C. DAGA & S.J. KATHAWALLA, JJ. DATE : 13th JULY 2010. P.C. Heard Learned Counsel appearing for the petitioner/applicant and Learned Counsel appearing for the respondent. 2. By an order dated 13th January 2010, the petitioner was directed to furnish an unconditional bank guarantee of 25% of the penalty initially valid for one year, renewable from time to time. However, Learned Counsel appearing for the petitioner submits that the petitioner could not comply with the said order, therefore, taken out Notice of Motion No.195 of 2010 praying 2 therein to modify the order requiring the petitioner to furnish bank guarantee of 25% of the penalty amount, be dispensed with. 3. This matter was heard from time to time. The petitioner expressed its inability to comply with the said order for want of financial inability. The petitioner thereafter, agreed to furnish a bank guarantee of Rs.10,00,000/-. Prima-facie, we are satisfied that the petitioner was not in a position to comply with the order dated 13th January 2010 directing to furnish the bank guarantee. 4. By consent of the parties, we accept bank guarantee of Rs.10,00,000/- as furnished by the petitioner and accordingly, modify the order dated 13th January 2010 to that extent. Petitioner undertakes to hand over the said bank guarantee to the Adjudicating Officer of Appellate Tribunal for Foreign Exchange, within three days from today. 5. Notice of Motion is accordingly, disposed of with no order as to costs. [ S.J. KATHAWALLA, J. ] [V.C. DAGA, J.]