1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNIAL CIVIL JURISDICTION WRIT PETITION NO. 706 of 2009 WRIT PETITION NO. 706 of 2009 WRIT PETITION NO. 706 of 2009 WITH WITH WITH WRIT PETITION NO. 707 OF 2009 WRIT PETITION NO. 707 OF 2009 WRIT PETITION NO. 707 OF 2009 WITH WITH WITH WRIT PETITION NO. 736 OF 2009 WRIT PETITION NO. 736 OF 2009 WRIT PETITION NO. 736 OF 2009 WITH WITH WITH WRIT PETITION NO. 763 OF 2009 WRIT PETITION NO. 763 OF 2009 WRIT PETITION NO. 763 OF 2009 M/s. Narmada Nylons Pvt.Ltd. ...Petitioners Versus Commissioner of Customs (Import) & Anr. ...Respondents Mr. H.R.Shetty i/b. H.R.Shetty & Co. for the petitioners. Mr. P.S.Jetly for the respondents. CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND J.H.BHATIA,JJ. J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE: 5th May, 2009. DATE: 5th May, 2009. DATE: 5th May, 2009. P. P. P.C. 2 1. The issue pertains to passing the final order of assessment under the Customs Act, 1962. Originally, assessment was made in the year 1984. Thereafter, the petitioner has been corresponding from time to time with the respondents asking for refund. There is nothing on record to indicate that the petitioner had at any point of time called on the respondents to finalise the provisional assessment. 2. Considering the long period, we were initially not inclined to exercise our extraordinary jurisdiction. 3. On behalf of the respondents, the learned Counsel submits that the files are not available. If the petitioner assists the respondents in reconstructing the documents (file) and on such reconstruction, the necessary documents are available, the respondents will pass orders according to law, at any rate, not later than three months from the date the file is reconstructed. . The Petitions are disposed of in the aforesaid terms. 3 (J.H.BHATIA,J.) (F.I.REBELLO,J.) (J.H.BHATIA,J.) (F.I.REBELLO,J.) (J.H.BHATIA,J.) (F.I.REBELLO,J.)