1 IN HE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 886 OF 2008 IN CUSTOMS APPEAL NO. 96 OF 2007 The Commissioner of Customs (EP) ... Appellant Vs. M/s. Jindal Drugs Ltd. ... Respondent Mr. A.S.Rao, Advocate, for the appellant. Mr. V.Sreedharan with Mr. Jitu Motwani i/b. PDS Legal, Advocates, for the respondent. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 14th July, 2009. P.C. 1. Heard the learned Counsel for the appellant. 2. The impugned order is dated 22.3.2007. The appeal was admitted on 14.2.2008. This Motion was taken out on 3.3.2008. The matter had earlier come 2 on board on 20.6.2008, 28.8.2008 and has now come on board on 14.7.2009. 3. Today the judgment is in favour of the respondent. The consequences of the said order which apart from the fact is in force for over two years, would be to treat the respondent as a defaulter. On the other hand, if ultimately the appellant succeeds, at the highest, he would be entitled to relief in terms of money. 4. Considering the above, in our opinion, this is not a fit case to grant interim relief. The application for interim relief is rejected. (J.H.BHATIA,J.) (F.I.REBELLO,J.)