/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3028 OF 2008 M/s. N G K TRADING COMPANY ...Petitioner V/s. UNION OF INDIA & ANR. ...Respondents Mr.S.N. Kantawala i/b. Uday Warunjikar for Petitioner. Mr.K.R. Choudhari with Mr. Kiran Kandpile for Respondent/UOI. CORAM : DR.S. RADHAKRISHNAN & A.V. NIRGUDE, JJ. DATED : 29th APRIL, 2008. P.C.:- 1. Heard learned counsel for the petitioner and learned counsel for the respondent. By this petition, petitioner is seeking release of imported fresh Apples as per seven bills of entries. Learned counsel for the petitioner brought to our notice that petitioner itself has imported similar fresh Apples from the same source in USA and finally, the Commissioner of Customs (Appeals) by order dated 17th April, 2008 directed the respondent to release the said fresh Apples provisionally on the basis of personal bond submitted by the petitioner as per Form B 11 to the concerned Assistant Commissioner alongwith bank guarantee of 20% of the differential duty. There is no / 2/ dispute that other seven consignments pertaining to seven bills of entries also are consignments of fresh Apples from USA. 2. Learned counsel for the petitioner brought to our notice the judgment of this Court in the case of Rubber Products Ltd. V/s. Union of India 2006(206) E.L.T.1153(Bom.) wherein this Court clearly held that when the identical facts and circumstances are involved, similar relief will have to be granted. Having regard to the aforesaid facts and circumstances of the case, rule is made absolute in terms of prayer clause(c) subject to condition that the petitioner will give a personal bond for release of seven consignments as per form B 11 to the concerned Assistant Commissioner alongwith bank guarantee of 20% of the differential duty. Learned counsel for the respondent on instructions from his officer states that on petitioner's complying with the aforesaid conditions, respondent will release goods within a period of 24 hours as goods are perishable in nature. Petition stands disposed of. (DR.S. RADHAKRISHNAN, J.) (A.V. NIRGUDE, J.)