1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.269 OF 2006 IN SUIT NO.5098 OF 2000. M/s.NPCC Singapore Pte, Ltd. : Plaintiffs. Versus M/s.Daewoo Shipbuilding and Heavy Machinery Ltd. And ors. : Defendants. And Directorate of Revenue Intelligence, Mumbai Zonal Unit : Respondents. Mr.Ruben Fernandes for the Plaintiffs Mr.Madhur R Baya for Defendant Nos.1, 2, 2(a), 2(b) and 2(c) Mr.S.R.Rajguru for the Union of India Respondents. Mr.S.V.Kinjawadekar – Intelligence Officer of the Respondents present. CORAM : R.M.SAVANT, J DATED : DECEMBER 16, 2008 P.C. 1. In view of the fact that the learned counsel for the Plaintiffs was pressing the above Motion only in so far as prayer clause © is 2 concerned by which directions was sought against the Respondents – Directorate of Revenue Intelligence to dispose of the show cause notice dated 9th September 1997 issued against the Defendant No.1 within such time as this Court may deem fit and proper, the learned counsel for the Respondents Shri S.R.Rajgur was asked to take instructions in that regard. The learned counsel for the Respondents has filed the affidavit of one Mr.J.P.Singh – the Deputy Director, Directorate of Revenue Intelligence, Mumbai to which affidavit is annexed a letter dated 11th December, 2008 addressed by the Asstt. Commissioner of Customs (Adjudication) to The Joint Director, Directorate of Revenue Intelligence in which letter it has been stated that the show cause notice (as mentioned in prayer clause (c) of the above Notice of Motion) can be adjudicated within 4 months time. 2. In my view, considering the fact that the said show cause notice is pending since 1997, the period of 4 months is too long and the Respondents are directed to decide the said show cause notice within a period of three months from date. In my view, there would be no impediment now to decide the said show cause notice, in view of 3 the letter dated 11th December 2008 annexed at Exhibit 4 to the affidavit of Respondents in which letter in para 4 it has been mentioned that it can not be said that whether any SLP has been filed against the judgment of this Court in the case of Amarship Management Pvt. Ltd and others reported in 1996(86) ELT 15 (Bom). 3. It is, therefore, directed that the Respondents to decide the said show cause notice within a period of 3 months from date. It is expected that no extension of time would be sought as the matter is already pending since 1997. The learned counsel Shri S.R.Rajgur, on instructions of Mr.S.V.Kinjawadekar – the Intelligence officer of the Respondents who is present in Court, states that the parties can appear with their advocates before the Adjudication Authority i.e. Commissioner of Customs (Adjudication), New Customs House, Bombay by 29th December 2008 at 3.00 p.m. 4 4. In so far as prayer clauses (a) and (b) are concerned, the Plaintiffs would be at liberty to apply for the said reliefs as and when the occasion arises. 5. In view of the above, no further orders are required to be passed in the above Notice of Motion. Hence the Notice of Motion to stand disposed of with liberty as mentioned above. [R.M.SAVANT, J]