IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2260 OF 2004 Hamerlal Jain .. Petitioner V/s. The Commissioner of Central Excise, Mumbai and Others .. Respondents Mr. Pushkar P. Patankar for the Petitioner Mr. B.A. Desai, Additional Solicitor General for the Respondents CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 20.01.2005 DATED : 20.01.2005 DATED : 20.01.2005 P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel for the Petitioner and the learned counsel for the Respondents. By this Petition, the Petitioner is seeking restoration of the Restoration Application, which was filed before the Customs, Excise and Service Tax Appellate Tribunal, (CESTAT) New Delhi. The learned counsel for the Petitioner also fairly states that in the event, the said application were to be allowed, the main Appeal will be heard by the CESTAT, New Delhi. 2. Under the aforesaid facts and circumstances, the learned counsel for the Petitioner seeks leave to withdraw the Petition with the liberty to file an appropriate Writ Petition before the Delhi High Court. The Petition is allowed to be withdrawn with the aforesaid liberty to file an appropriate Writ Petition before the Delhi High Court. ( 2 ) 3. The Respondents will not take any further steps and implement the order for the period of six weeks from today. (S. RADHAKRISHNAN, J.) (S. RADHAKRISHNAN, J.) (S. RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)