1 N 316.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.316 OF 2010 IN WRIT PETITION NO.2359 OF 2009 Wings Apparels Pvt. Ltd. .. Petitioner. Vs. Union of India & Ors. .. Respondents. WITH NOTICE OF MOTION NO.317 OF 2010 IN WRIT PETITION NO.2198 OF 2009 WITH NOTICE OF MOTION NO.320 OF 2010 IN WRIT PETITION NO.2215 OF 2009 Bats Apparels Ltd. .. Petitioner. Vs. Union of India & Ors. .. Respondents. Mr.Ashwini Patrak i/b Ajay K.J.Panicker for the petitioners. Mr.S.I.Shah for Respondent No.1. Mr.K.P.Rashmi Ravi for Respondent No.3. CORAM : D.K.DESHMUKH & R.P.SONDURBALDOTA, JJ. DATED : 16TH AUGUST, 2010. P.C. Time fixed by the order dated 22nd April, 2010 is already over. The petitioners are not willing to deposit the amount even today without first getting the bank guarantee surrendered. The bank S 2 N 316.10 guarantee cannot be directed to be surrendered before the petitioners deposit the amount. In our opinion, learned counsel appearing for the respondents is right in submitting that in case the petitioners deposit the amount, the respondents will return the bank guarantee. Before deposit of the amount there will be no justification for the respondent to return bank guarantee. In this situation the motions cannot be granted. All the motions are rejected. (D.K.DESHMUKH,J.) (R.P.SONDURBALDOTA,J.)