1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 520 OF 1990 Zoom Films Ltd. .. Petitioner V/s Union of India & Ors. .. Respondents Mr. V.S. Khemka for the Petitioner. Mr. Rajinder Kumar for the respondents. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 28TH JULY 2009 P.C. : 1. On behalf of the petitioner, the learned counsel places before us an accompanying letter dated 25th June 2003 along with the accompanying affidavit which was sworn on 25th June 2003. The respondents are unable to trace the original affidavit. The copies of the said letter and the affidavit are therefore taken on record. 2. Copy of the said affidavit is perused by the counsel for the respondents. In para 5 of the said affidavit, it is stated as under: 2 “I say that the said Appellate order dated 21-09-1989 is accepted by the Department and no further proceedings are initiated by the Department against the order.” 3. Thereafter in para 6 of the said affidavit, it is set out that in view of the acceptance of the appellate order dated 21st September 1989, the show cause notice dated 30th September 1988 has become infructuous and therefore no further proceedings are necessary on the show cause notice. 4. Considering the stand of the respondents that the show cause notice has become infructuous and they are not acting on the same, nothing further survives in the petition. The statement of the respondents is accepted. 5. In the light of the above, prayer clause (a) has become infructuous. Consequently, the petition is made absolute in terms of prayer clauses (b)(i) to (b)(iii). Rule is made absolute with no order as to costs. (D.G. KARNIK, J.) (F.I. REBELLO, J.)