IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8334 OF 2008 Om Dutt ..... Petitioner V/s. The Union of India & Ors. .....Respondents Ms.A.G.Latne i/by ACE Legal Consultants, for the petitioner. Mr.P.S.Jetly, for the respondents. CORAM : SHRI P.B.MAJMUDAR & SHRI J.P.DEVADHAR, JJ. DATED : 19th DECEMBER, 2008. P.C. 1. Rule. 2. Rule returnable forthwith. Mr.Jetly, the learned counsel appearing for the respondents waives service on behalf of the respondents. With the consent of the learned Advocates, the matter is taken up for final hearing at the admission stage. 3. By filing this petition, the petitioner has challenge the order/letter dated 04-12-2008 by which the consignment of the petitioner covered under Bill of Entry No.854448 dated 04-08-2008 has been provisionally released on the condition that the petitioner should pay appropriate custom duty of actual value of Rs.25,71,000/- and on furnishing bond for full value of the said amount supported with bank guarantee for the bond value. 4. The grievance of the petitioner is that the said order is passed without hearing the petitioner and it is submitted that in the facts and circumstances of the case, insistence for giving full bank guarantee is not justified. 5. We have heard the learned counsel for the parties. Since it is not in dispute that the impugned order is passed without hearing the petitioner, the learned counsel for the respondents submitted that fresh order will be passed after hearing the petitioner. Under the circumstances, the impugned order is quashed and set aside. The Additional Commissioner of Customs now shall pass fresh order after giving an opportunity of hearing to the petitioner and such order should be passed within a period of four weeks from today and such order may be communicated to the petitioner without delay. With the aforesaid directions, the petition is disposed of with no order as to costs. ( J.P.DEVADHAR, J. ) ( P.B.MAJMUDAR, J. )