PNP 1 WPL2259-20.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODG.) NO.2259 OF 2011 M/s. N.H. Desai and Co. ..Petitioner. vs. Union of India and others ..Respondents. …. Mr. Jitendra Motwani i/b Madhur R. Baya for the Petitioner. Mr. Pradeep S. Jetly for the Respondents. .... CORAM : DR.D.Y.CHANDRACHUD & A.A. SAYED, JJ. 20 October 2011 P.C. : The Petitioner has already been relegated to pursue an alternate remedy of an appeal before the CESTAT by an order of this Court dated 14 September 2011. The Petitioner has moved the Tribunal with an application for early hearing. Since the Tribunal is seized with the proceedings in the appeal and the application for early hearing, we do not consider it appropriate to issue any direction, but request the Tribunal to take up the application for early hearing on a convenient expeditious date. Whether the application for stay and/or the appeal should be taken at an early date is an issue on which we do not express any opinion and leave it to the Tribunal to take an appropriate decision on whether any urgency has been made out. The Petition is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)