IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2852 OF 2008 WRIT PETITION NO.2852 OF 2008 WRIT PETITION NO.2852 OF 2008 K.P.Abdul Majeed ..Petitioner. V/s. Union of India & Ors. ..Respondents. Mr.Vikram Nankani i/b. M.R.Baya for the petitioner. Mr.A.S.Rao with Mr.R.B.Pardeshi for the respondents. CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 16TH FEBRUARY, 2009. DATED : 16TH FEBRUARY, 2009. DATED : 16TH FEBRUARY, 2009. P.C. :- P.C. :- P.C. :- 1. Rule. Rule is made returnable forthwith. Learned counsel for the respondents waives service. By consent of the parties, petition is taken up for final hearing. 2. On 6th May, 1999 the Officers of the Directorate of Revenue Intelligence seized Indian currency amounting to Rs.84,00,000/- from the petitioner. Pursuant to investigation, a show cause notice came to be issued on 25/10/1999. The 2nd respondent by an order in original confiscated the seized currency. The petitioner carried an appeal to the Customs, Excise and Services Tax Appellate Tribunal. On 13/6/2006 the Tribunal allowed the - = : 2 : = - appeal of the petitioner. 3. It is the case of the petitioner that the petitioner began pursuing the implementation of the Tribunal’s order with the respondents and requested the respondents to return the seized Indian currency of Rs.84,00,000/- along with interest thereon. However, the respondents did not abide by the order. 4. The petitioner, therefore, filed Writ Petition No.460 of 2008 praying that the respondents may be directed to return the money with interest. On 28th March, 2008 this Court passed the following order:- " On behalf of the respondents, the learned counsel states that the application made by the petitioner was not to the appropriate officer. On instructions, he submits that the applicant to make application to DRI, Mumbai. The amount according to law will be paid to the petitioner within four weeks from the date of the application. The petitioner to make such application within two weeks from today. The respondents thereafter are directed to make payment forthwith. If the amount is not paid within four weeks, costs be paid to the petitioner quantified at Rs.25,000/- to be recovered personally from the officer concerned. " 5. On 8/4/2008 the petitioner made an application to the 2nd respondent. In response to the - = : 3 : = - petitioner’s application the 2nd respondent by a letter directed the petitioner to make an application to the Commissioner of Customs (General). As no action was taken by the respondents, petitioner again addressed letter dated 28/4/2008 to the respondents. In response to the said letter, the D.R.I. vide its letter dated 30/4/2008 informed the petitioner that as per the High Court order, the Customs authorities, New Customs House, Mumbai have sanctioned an amount of Rs.52,28,765/- after deducting dues which were to be recovered from the petitioner under section 142 of the Customs Act, 1962. The copies of both the detention notices dated 21/7/2000 and 23/4/2008 issued by Additional Commissioner of Customs, Cochin-II and Deputy Commissioner of Customs, Cochin respectively for the recovery of government dues under section 142 of the Customs Act, 1962 were enclosed. A cheque for an amount of Rs.52,28,765/- was also enclosed thereto. Being aggrieved by the said deductions the petitioner has approached this Court by filing the present writ petition. 6. An affidavit is filed by Shri Satyajit Mohanty, Deputy Director, DRI stating that the deductions have been made in pursuance to the detention orders issued by the Commissioner of Customs, Cochin. So far as the amount of - = : 4 : = - Rs.31,71,235/- which is deducted on account of the said two detention orders is concerned, learned counsel for the respondents states that the respondents shall remit the same to the Commissioner of Customs, Cochin within a period of 2 weeks from today. This statement is accepted. So far as the remaining amount of Rs.52,28,765/- is concerned it was liable to be returned on 13/6/2006 when the Tribunal passed the order, but it was paid to the petitioner on 30/4/2008. In the circumstances of the case, we direct the respondents to pay to the petitioner interest @ 6% p.a. on the amount of Rs.84,00,000/- for the period 13/6/2006 to 30/4/2008, at the earliest. 7. Rule is made absolute in the aforestated terms. 8. The petition is disposed of accordingly. (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)