IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 1182 OF 2008 PETITION NO. 1182 OF 2008 PETITION NO. 1182 OF 2008 Forbes Sea Consortium India Pvt.Ltd. ... Petitioner. V/s. Commissioner of Customs (General) and others. ... Respondents. K.R.Shriram with Ms.G.D’Souza for the petitioner. Y.S.Bhate for the respondents. CORAM CORAM CORAM : D.K.DESHMUKH AND V.C.DAGA, JJ. : D.K.DESHMUKH AND V.C.DAGA, JJ. : D.K.DESHMUKH AND V.C.DAGA, JJ. DATED DATED DATED : 9th July 2008. : 9th July 2008. : 9th July 2008. P.C. P.C. P.C. : : : ---- ---- ---- . Rule, returnable forthwith. Heard finally by consent of parties. 2. As per the order impugned in the petition, the amount of penalty to the tune of Rs.46,34,799/- is due from the petitioner. It is an admitted position that out of that amount, an amount of Rs.2,29,763/- has already been paid. It is also a common ground that so far as item No.3 of the annexure at page 22-B of the petition is concerned, no appeal or revision application is pending. Therefore, that amount will have to be paid by the petitioner. So far as item - 2 - Nos.2 and 6 are concerned, admittedly, revision applications are pending before respondent No.2. So far as item Nos.5 and 9 are concerned, demand for penalty is dropped. So far as item No.7 is concerned, appeal is pending before the Commissioner of Customs (Appeals). As per the chart submitted by the respondent, which is taken on record and marked ‘X’ for identification, the case is remanded back for consideration afresh so far as item No.11 is concerned. We have not been given any reasons why the revision applications and appeal are kept pending. Taking over all view of the matter, therefore, in our opinion, the following order would meet the ends of justice. O R D E R --------- . The petitioner is directed to deposit amount of Rs.3,31,500 with respondent No.2 within a period of two weeks from today. . The revision applications are pending before respondent No.2. As such respondent No.2 is directed to dispose of the revision applications within a period of four weeks from today. Appeal is pending before the Commissioner of Customs (Appeals). That authority is directed to dispose of the appeal within a period of four weeks from today. - 3 - . It is directed that till the revision applications and/or appeal are decided as directed above, demand of penalty, which is involved in the revision applications and/or appeal, shall not be enforced till the they are finally decided. . Rule is made absolute in terms of this order. (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.) (D.K.DESHMUKH, (D.K.DESHMUKH, (D.K.DESHMUKH, J.) J.) J.)