1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION WRIT PETITION NO.5687 OF 2009 Satidham Industries Pvt. Ltd. ...Petitioners. v. The Union of India & Ors. ...Respondents. Mr.Prakash Shah with Mr.Jas Sanghavi i/by PDS Legal, adv. For the Petitioners. None for the Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 7th July , 2009 P.C. 1 When the matter is called out, none present for the respondents. 2 It is pointed out on behalf of the petitioners that pursuant to the order of the Tribunal dated 30th January, 1997 was pleased to stay the recovery on payment of cash or bank guarantee in the sum of Rs.21 lacs. It is submitted that petitioners furnished Bank Guarantee in the said sum bearing no.G/SIL/31/97 dated 15th May 1997 issued by the Oriental Bank of Commerce, Western Region. On 30.10.2002, the Appellate Tribunal allowed the appeal. Subsequent to that right from 2.6.2003, petitioners 2 have been addressing communication for the return of bank guarantee duly cancelled. 3 Apart from the service on the dedicated legal cell, the learned counsel also produced communication of service on the office of the Commissioner Central Excise & Customs, Vapi as also the Assistant Commissioner of Central Excise & Customs, Division II, Silvasa. 4 Considering none appears for the respondents and as on behalf of the petitioners, the learned counsel on instructions makes a statement that they have not received any notice of any appeal filed or stay order being served on them, in our opinion, respondents be directed to forthwith on copy of this order being served, to return the bank guarantee as cancelled. 5 We further make it clear that if within 15 days of the service of this order, bank guarantee is not returned for justifiable reasons, the concerned officer will have to pay cost quantified at Rs.25,000/- to be recovered from the salary of the officer. 5 Rule made absolute accordingly. No order as to costs. (J.H. BHATIA,J.) (F.I. REBELLO,J.)