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 IN IN IN ITS ITS ITS ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.587 OF 2007 NO.587 OF 2007 NO.587 OF 2007 M/s M/s M/s Greenways Greenways Greenways Shipping Agencies Pvt.Ltd Shipping Agencies Pvt.Ltd Shipping Agencies Pvt.Ltd & anr anr anr ...... Petitioners Petitioners Petitioners vs vs vs The The The Commissioner Commissioner Commissioner of Customs (Appeals) of Customs (Appeals) of Customs (Appeals) Mumbai Mumbai Mumbai & anr & anr & anr ...... Respondents Respondents Respondents Mr.Ashish Mr.Ashish Mr.Ashish Kamath Kamath Kamath i/b M/s Mehta & Laljee & Co i/b M/s Mehta & Laljee & Co i/b M/s Mehta & Laljee & Co for for for Petitioners Petitioners Petitioners Mr.K.R.Chaudhary Mr.K.R.Chaudhary Mr.K.R.Chaudhary with Mr.Kiran Kandpile with Mr.Kiran Kandpile with Mr.Kiran Kandpile i/b i/b i/b Mr.H.P.Chaturvedi Mr.H.P.Chaturvedi Mr.H.P.Chaturvedi for Respondents for Respondents for Respondents CORAM CORAM CORAM : S.RADHAKRISHNAN & : S.RADHAKRISHNAN & : S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ JJ JJ DATE DATE DATE : : : 7th June, 2007 7th June, 2007 7th June, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the petitioners and Heard learned counsel for the petitioners and Heard learned counsel for the petitioners and the the the respondents. respondents. respondents. 2.2.2. After hearing the parties for sometime, learned After hearing the parties for sometime, learned After hearing the parties for sometime, learned counsel counsel counsel for for for the petitioners seeks leave to withdraw the petitioners seeks leave to withdraw the petitioners seeks leave to withdraw the the the petition and approach the revisional authority petition and approach the revisional authority petition and approach the revisional authority by by by way of a Revision Application. If the way of a Revision Application. If the way of a Revision Application. If the petitioner petitioner petitioner approaches the revisional authority approaches the revisional authority approaches the revisional authority within within within a period of two weeks from today, the a period of two weeks from today, the a period of two weeks from today, the revisional revisional revisional authority should take into account all authority should take into account all authority should take into account all the the the grounds with regard to condonation of delay as grounds with regard to condonation of delay as grounds with regard to condonation of delay as set set set out in para 8B of the petition and decide the out in para 8B of the petition and decide the out in para 8B of the petition and decide the same same same strictly strictly strictly in accordance with law and on its own in accordance with law and on its own in accordance with law and on its own merits. merits. merits. The respondents shall not enforce the The respondents shall not enforce the The respondents shall not enforce the 2 demand demand demand notice dated 15th January, 2007 Exhibit J to notice dated 15th January, 2007 Exhibit J to notice dated 15th January, 2007 Exhibit J to the the the petition for a period of 4 weeks from today. petition for a period of 4 weeks from today. petition for a period of 4 weeks from today. 3.3.3. Petition disposed of accordingly. Petition disposed of accordingly. Petition disposed of accordingly. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)