=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.2592 OF 1993 NO.2592 OF 1993 NO.2592 OF 1993 M/s John Oakey and Mohan Ltd., Gaziabad, Uttar Pradesh ...Petitioners v/s Union of India and ors. ...Respondents Mr H.R. Shetty for Petitioners. Mr R.V. Desai with Mr P.S. Jetly for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE DATE DATE : 30TH SEPTEMBER 2008 30TH SEPTEMBER 2008 30TH SEPTEMBER 2008 =2= P.C.- 1. By this petition, the petitioners claim a direction to the respondents to clear the consignment of the petitioners which was covered by the bill of entry at Exh.B. The petitioners are seeking a further relief of grant of necessary detention certificate in favour of the petitioners for the period during which the consignment has remained under detention. By an interim order dated 4th February 1994 made in this petition, the Court had granted interim order in terms of prayer clause (c) excluding the bracketed portion subject to the condition that the petitioners furnish a personal bond for the due amount plus bank guarantee of a nationalised Bank for 25 % of the duty for departmental proceedings. Now pursuant to this interim order, it is an admitted position that the consignment of the petitioners has been released and the petitioners have furnished bond and bank guarantee. It appears from the interim order that the departmental proceedings were pending, but we have been informed that so far no proceedings are initiated. The learned counsel appearing for respondents states that within a period of eight weeks from today, the respondents will issue show cause notice and initiate departmental proceedings. =3= Taking overall view of the matter and in view of the statement made by the learned counsel appearing for petitioners, in our opinion, following order would meet the ends of justice. 2. In case the respondents issue show caused notice to the petitioners within a period of eight weeks from today, the petitioners may file reply to the said show cause notice and thereafter, the respondents shall pass order in accordance with law within a period of further ten weeks from the date of issuing show cause notice. During the pendency of the proceedings, the interim order shall continue to operate. The petitioners shall keep the bank guarantee current till the order is made by the adjudicating authority. The authority shall make appropriate order in relation to the bond and the bank guarantee while passing order pursuant to the show cause notice. 3. In case within a period of eight weeks from today show cause notice is not issued, rule in the petition shall stand granted in terms of prayer clause (b) without any further reference to the Court. Rule is made absolute with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of =4= the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)