1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2085 OF 1988 Industrial Solvents & Chemicals P.Ltd. & Anr. ..Petitioners. V/s. Assistant Collector of Customs, Group C & ors. ..Respondents. Mr.Prakash Shah i/b. PDS Legal for Petitioners. Mr.J.B.Mishra for Respondents. CORAM : F.I. REBELLO & A.M. KHANWILKAR, JJ. DATED : OCTOBER 7, 2009 P.C. : 1. The Petitioners had imported certain goods in containers. The Petitioners executed bond for reexport of the containers. The relevant notification provides that the containers have to be reexported within six months from the date of their importation and Respondent No.1 is empowered to extend the said period of six months on sufficient cause being shown. 2. In the instant case, the case of the Petitioner is that for reasons beyond the control they could not reexport the containers within the time prescribed. They had also to apply to the Industrial Court for permission to remove containers from the factory on account of industrial action by the workers. 3. In the instant case, we find that the Petitioners on March, 1987 had applied 2 for extension of time for reexport. That application has not been considered. Considering the proviso to the application in our opinion, that had to be considered, moreso, in terms of the facts now placed before us in the Writ Petition. 4. The present Petition is against the order dated 9th December, 1987, which has confirmed the Order(Original) No.S/5-Other(Re-Ex)/12-13/86-C dated 3.4.87. The Appellate Authority has confirmed the demand in the sum of Rs.55,200/- for failure by the Petitioners to reexport within six months. In the instant case, we however, find that the Petitioners could not reexport the containers for reasons beyond control. 5. Considering these facts, the impugned orders dated 3/4/87 and 9/12/87 are set aside. The matter is restored to file of Respondent No.1 for consideration of the Application for extension within 12 weeks from today and to thereafter pass final order according to law. Petition disposed off accordingly. (A.M. KHANWILKAR,J.) (F.I. REBELLO,J.)