1 nmw362.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 362 OF 2011 IN WRIT PETITION NO. 540 OF 2011 M/s. Viva Herba Pvt. Ltd. ......Petitioner Vs. Union of India & Ors. .....Respondents. Ms. Aparna Hirandagi for the Petitioner. Mr. Jitendra B. Mishra for the Respondents. CORAM :- DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE :- 26 JULY 2011. P.C. :- By the order of this Court dated 6 June 2011, interim relief was refused when the Petition was admitted and time for the payment of differential excise duty by the Petitioner was extended till 31 July 2011. Counsel appearing on behalf of the Petitioner states that a bank guarantee has been furnished by the Petitioner favouring the Central Excise Department in the total amount of `12.82 lacs and the Petitioner has no objection if the bank guarantee is encashed. 2 nmw362.11.sxw ssm 2 Counsel appearing on behalf of the Revenue states on instructions from Mr. S.D. Walke, Superintendent, Central Excise that the Department has no objection and would accordingly proceed to encash the bank guarantee. The amount realized against the encashment of the bank guarantee shall, in terms of the statement made before the Court, be adjusted towards the payment of the differential excise duty. 3 The Notice of Motion is accordingly disposed of. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)