PNP 1 WP2590-16.8.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2590 OF 2011 M/s. Milton Exports ..Petitioner. versus The Union of India and others ..Respondents. ..... Mr. Prakash Shah with Mr. T. Vishwanathan i/b PDS Legal for the Petitioner. Mr. Riyaz Chagla with Mr. G. Hariharan i/b Dr. T.C. Kaushik for the Respondents. ...... CORAM : DR.D.Y.CHANDRACHUD & A.A. SAYED, JJ. 16 August 2011. P.C. : 1. Both Counsel appearing on behalf of the Petitioner and Counsel appearing on behalf of the Respondents are agreed that this Petition shall be governed by the same order that was passed by the Division Bench on 27 April 2011 in Milton Exports v. Union of India (Writ Petition 1517 of 2011). In the earlier order, this Court passed an order in terms of Minutes in the following terms : 1. “ In view of the undertaking and indemnity given by the Petitioners in Writ Petition No.860 of 2011 and contained in the affidavit of Mr. Sanjay Shukla dated 27 April 2011, the impugned order is set aside. 2. In the event the Respondents or the Customs Authorities find, that the export proceeds are not realized, they will be at liberty to adopt such proceedings as may be permissible in law. PNP 2 WP2590-16.8.sxw 3. Rule is made absolute in the aforesaid terms. 4. No order as to costs.” 2. Counsel appearing on behalf of the Petitioner has stated on instructions that the undertaking which was furnished in Writ Petition 860 of 2011 is also an undertaking tendered before this Court at the hearing today. The undertaking is accepted. In terms of the statement made before the Court by the Petitioner and by the Respondents through their respective counsel, we dispose of the present Petition in terms of the aforesaid order. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)