1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.791/2008 & CUSTOMS APPEAL NO.1/09 WITH CIVIL APPLICATION NO. 69/09 WRIT PETITIONS NO.791/2008 M/s. Narayan Bandekar and Sons Pvt. Ltd. ........ Petitioner. V/s. Assistant Commissioner Customs & Central Excise and another. ........ Respondents. Mr. A. F. Diniz, Advocate for the Petitioner. Mr. C. A. Fereira, Asst. Solicitor General for the respondents. CUSTOMS APPEAL NO.1/09 WITH CIVIL APPLICATION NO. 69/09 Commissioner Customs & Central Excise ....... Appellant/ applicant. Versus M/s. Narayan Bandekar and Sons Pvt. Ltd. ...... Respondent. Mr. C. A. Fereira, Asst. Solicitor General for the appellant/ applicant. Mr. A. F. Diniz, Advocate for the respondent. CORAM : B.P. DHARMADHIKARI & U.D. SALVI, JJ. DATE : 21st April, 2009. P.C. We have heard Advocate Shri Diniz for the petitioners and the 2 Assistant Solicitor General of India for the Department, for some time. After hearing the parties, we find that both the parties agree to following arrangement and expeditious disposal of the appeal pending before the CESTAT i.e. respondent no.2 in writ petition. (1) The Department shall deposit 50 % of the amount in dispute in appeal before CESTAT by 15.6.2009; (2) The assessee is at liberty to withdraw the amount deposited, subject to furnishing security to the satisfaction of CESTAT; (3) The proceedings in appeal before respondent No.2 are expedited and the appeal be decided as early as possible and, in any case, by 30.9.2009. In view of this, both the writ petition as also the customs appeal are disposed of. In view of the disposal of the customs appeal, the civil application No.69/09 also stands disposed of. B.P. DHARMADHIKARI, J. U.D. SALVI, J. ssm.