FARAD FARAD FARAD CONTINUATION SHEET No. CONTINUATION SHEET No. CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE. SIDE. SIDE. WRIT WRIT WRIT PETITION NO. 6102 OF 2005. PETITION NO. 6102 OF 2005. PETITION NO. 6102 OF 2005. M/s Expotec International Ltd. ..Petitioner. vs. The Union of India & ors. ..Respondents. ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearnaces,Courts’s : orders or directions : and Registrar’s orders. : ------------------------------------------------------------ Shri Prakash Shah i/b M/s PDS Legal for the petitioner. Shri A. M. Sethna for the respondents. CORAM: CORAM: CORAM: V.C.DAGA AND J.P.DEVADHAR,JJ. V.C.DAGA AND J.P.DEVADHAR,JJ. V.C.DAGA AND J.P.DEVADHAR,JJ. DATED: DATED: DATED: 27.9.2005. 27.9.2005. 27.9.2005. P.C.: P.C.: P.C.: . Heard. . During the course of hearing, learned Counsel appearing for the Revenue submits that no goods are detained by them under detention order dated 3.8.2005. He further submits that the appeal filed by the revenue is pending for consideration of the appellate Court. . In this view of the matter, so long as appeal is not decided, there cannot be any liability against the petitioner. Consequently, in the absence of any liabiity, there cannot be any occasion for detention of goods. Since learned Counsel appearing for the Revenue has submitted that the detention order has not been acted upon and no goods have been detained, statement made is taken on record. In view of this statement, learned Counsel for the petitioner seeks permission to withdraw this petition. . It would be open for the petitioner to urge before the appellate Authority not to give effect to the order for a reasonable time. In the event the appellate Authority accepts the submission of the petitioner, it would be open for the appellate Authority to pass appropriate order. In view of this scenario, petition is allowed to be withdrawn with no order as to costs. . All rival contentions are kept open. (J.P. (J.P. (J.P. DEVADHAR,J.) ( V.C.DAGA,J.) DEVADHAR,J.) ( V.C.DAGA,J.) DEVADHAR,J.) ( V.C.DAGA,J.)