1 Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1224 of 2009 Union of India ) represented by the Director of Revenue ) Intelligence in the Ministry of Finance, ) Department of Revenue, Mumbai Zonal ) Unit )..PETITIONER Vs. 1.Shri Boney Kapoor & Anr ....Respondents Mr. R.V. Desai, Senior Advocate with Mr. R.B. Pardesi,for the Petitioners Mr.K.Gopal with Ms. A.M. Patne for the Respondent No.1. CORAM : FERDINO I. REBELLO & D.G. KARNIK, JJ. DATED : 29 TH AUGUST. 2009. P.C. 1. Rule. Heard forthwith. 2. The Union of India is aggrieved by the order dated 30th October, 2008 whereby the Commission has held that interest is leviable. The Commission noted 2 that there was under valuation. However, held that no interest is payable. The Respondent No.1 made an application on 21st August, 2008. 2. For the reasons set out in the judgment in Writ Petition No.2540 of 2008 and other petitions the impugned order to the extent of interest is set aside. The matter is restored to the file of the Commission to pass appropriate order. Rule made absolute accordingly. (D.G. KARNIK, J.) (F.I. REBELLO,J.)