IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9137 OF 2007 WITH WRIT PETITION NO.77 OF 2008 WITH WRIT PETITION NO.105 OF 2008 WITH WRIT PETITION NO.166 OF 2008 WITH WRIT PETITION NO.476 OF 2008 WITH WRIT PETITION NO.477 OF 2008 WITH WRIT PETITION NO.478 OF 2008 WITH WRIT PETITION NO.479 OF 2008 WITH WRIT PETITION NO.480 OF 2008 WITH WRIT PETITION NO.487 OF 2008 WITH WRIT PETITION NO.488 OF 2008 WITH WRIT PETITION NO.489 OF 2008 WITH WRIT PETITION NO.490 OF 2008 WITH WRIT PETITION NO.491 OF 2008 WITH WRIT PETITION NO.493 OF 2008 WITH WRIT PETITION NO.9167 OF 2007 WITH WRIT PETITION NO.9215 OF 2007 WITH WRIT PETITION NO.9217 OF 2007 WITH WRIT PETITION NO.9406 OF 2007 WITH WRIT PETITION NO.8963 OF 2007 WITH WRIT PETITION NO.8978 OF 2007 WITH WRIT PETITION NO.9012 OF 2007 WITH WRIT PETITION NO.9013 OF 2007 WITH WRIT PETITION NO.9016 OF 2007 WITH WRIT PETITION NO.9025 OF 2007 WITH WRIT PETITION NO.9034 OF 2007 ------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders : 2 : or directions and Registrar’s orders ------------------------------------------------------- Mr.V.Sridharan with Nambirajan with Prakash shah with J.H.Motwani i/by PDS Legal for petitioners. Mr.R.V.Desai, Sr.Advocate with Mrs.H.V.Masurkar with Y.S.Bhate, with S.D.Bhosale with Y.R.Mishra with A.S.Rao, Mr.D.A.Dube and Mr.H.P.Chaturvedi for respondents. Coram : F.I.Rebello & Coram : F.I.Rebello & Coram : F.I.Rebello & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 24.01.2008. PC 1. Rule. Heard forthwith. 2. It is not necessary to set out the facts in detail. The issue is squarely covered by the judgment of this Court in Arviva Industries (I) Arviva Industries (I) Arviva Industries (I) Ltd., Vs.Union of India Ltd., Vs.Union of India Ltd., Vs.Union of India reported in 2004 (167) ELT (135) (Bom.). 3. Revenue aggrieved, preferred an appeal to the Supreme Court. That appeal was dismissed. The judgment is reported in Union of India V/s. Union of India V/s. Union of India V/s. Arviva Industries (I) Ltd., Arviva Industries (I) Ltd., Arviva Industries (I) Ltd., reported in 2007 (209) ELT (5) SC. 4. Once the law was declared and : 3 : the judgment of this Court was upheld by the Supreme Court, it is the duty of the respondents in every matter which came up before them and to which the judgment applied to have suo-moto applied the same without driving the party to move this Court. We had at one point of time thought of imposing exemplary cost on the officer concerned for making the petitioners for moving this Court and incur costs. On behalf of the respondents, learned Counsel states that the respondents will dispose off the application at the earliest and in any case within a period of six weeks from today. 5. In the light of that, rule made absolute in terms of prayer clause-(a). The pending applications shall be disposed off within not less than six weeks from today. On failure to dispose of the application in each of the petition, respondents to pay cost to the petitioners in the respective petition quantified at : 4 : Rs.50,000/-. We direct the respondents to dispose off the pending application according to law declared by this Court and approved by the Supreme Court. If the application is allowed the relief what the petitioners are entitled to should be granted immediately. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)