1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3603 OF 1989 M/s Cham Ice & Cold Storages & Anr. .. Petitioners V/s Union of India & Ors. .. Respondents None for the Petitioners. Mr. P.S. Jetly with Mr. Rajinder Kumar for respondent nos.1 and 2. Mr. U.J. Makhija, Senior Advocate i/b Mulla & Mulla & Craigie Blunt & Caroe for respondent nos.3 and 4. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 28TH JULY 2009 P.C. : 1. None present for the petitioners. 2. From the record we find that on 15th January 1990, the respondent nos.1 and 2 were directed to deposit in this Court a sum of Rs.3,63,000/- pursuant to the order of the CEGAT dated 14th July 1987. On 6th March 1990, a further order came to be passed granting liberty to the petitioners to withdraw the sum of Rs.3,63,000/- deposited in this Court. The record does not indicate whether the said amount has been withdrawn. 2 3. The only other surviving relief in this petition is the appropriation of the amount in the sale proceeds by the respondent no.3 towards the sale expenses conducted by them of the goods which were in their custody for unpaid dues. The petitioners have been unable to show as to why the said recovery was not justified. 4. Since none is present for the petitioners, the petition is dismissed for non-prosecution. Rule is discharged with no order as to costs. 5. We however make it clear that if the petitioners have not withdrawn the amount deposited in this Court pursuant to the order dated 15th January 1990, liberty to them to withdraw the said amount along with the accrued interest, if any, on furnishing a copy of this order before the competent officer of this Court. (D.G. KARNIK, J.) (F.I. REBELLO, J.)