Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2780 OF 2008 IN WRIT PETITION NO.1036 OF 2004 State of Maharashtra ..Petitioner Vs. M/s.Industrial Chemicals & Allied Products ..Respondents Shri V.A. Sonpal, A-Panel Counsel for the Applicant. Shri D.B. Sawant, for the Respondent. CORAM : F.I. REBELLO & D.B. BHOSALE, JJ. DATED : 4TH MARCH, 2010 P.C. This is an application moved on 6th August, 2007 by the State for variation of the order dated 6th March, 2003 based on the order passed by the Hon’bvle Supreme Court dated dated 1st May, 2006 in the judgment reported in the case of State of Maharashtra Vs. Nagpur Distillers, Nagpur & Anr., reported in AIR 2006 S.C. 1987. In that case the Hon’ble High Court was pleased to direct deposit of 50% of the Excise Fee payable for then year 2005-06 and to furnish an undertaking for the balance 50% and thereafter to pay accordingly also. 2. On the other hand on behalf of the original petitioner learned Counsel points out that this Court had granted interim relief based on the order passed in S.L.P. (Civil) No.16345 of 2002. It is submitted that leave was granted in that S.L.P. and Appeal was numbered as Civil Appeal No.5409 of 2002. The Supreme Court there has directed that an undertaking be given for the period upto 30th September, 2008 and from 1st October, 2008 to pay 50% of the transport fee subject to the conditions set out therein and undertaking for the balance 50%. 3. On behalf of the State Shri Sonpal, learned A-Panel Counsel tries to contend that it was in the case of captive consumption and as such would not be applicable to the facts of the present case. 4. In our opinion once this Court has granted interim relief based on the order in Kopargaon Sahakari Sakhar Karkhana and the State did not challenge that order the final order in Kopargaon Sahakari Sakhar Karkhana Ltd., would be applicable to the facts of the present. We are not going into the general issues of other cases. 5. The petitioners from 1st October, 2008 to deposit 50% of transport fees with Collector, Sangli (State Excise Department, Sangli) within eight weeks from today and give undertaking for the balance 50% if not already filed. The undertaking will continue till final hearing and disposal of the petition. The 50% will be paid every time the goods are cleared from the factory. Civil Application disposed of accordingly. (D.B. BHOSALE, J.) (F.I. REBELLO,J.)