Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.435 OF 1990 Prakash D.Sanghvi ..Petitioner Vs. G.K. Pillai & Ors. ...Respondents Mr. Kamal Bulchandani with Mr. Tulsi Jhaveri & Mr. N.M. Shah, for the Petitioner. Mr. A.S. Rao & Mr. R.B. Pardeshi, for the Respondents. CORAM : F.I. REBELLO & D.G.KARNIK, JJ. DATED : 6th August, 2009 P.C. It is not necessary to set out the facts in detail. The very issue had been referred to a larger Bench of the Tribunal at New Delhi in the case of Sanwah Micro System Pvt. Ltd. vs. Collector of Customs, Madras, 2000 (118) E.L.T. 294 (Tribunal-LB),. That decision has been accepted by the Collectorate at Madras. On instructions learned Counsel for the Respondents points out that the Collectorate in Mumbai has also accepted the same. 2. In view of the above petition made absolute in terms of prayer clause (a). 3. There was an interim order passed by this Court on 13th February, 1990. It appears that an Appeal was preferred against the said order. By order of 28th October, 1990 the Appellate Bench of this Court directed that the petitioners herein to pay fine at the rate of 50% of the C.I.F. Value and penalty at the rate of 20% of the C.I.F. Value and furnish Bank Guarantee for the balance fine and penalty as per the impugned order. Considering the order passed the Respondents are directed to return the amount of fine and penalty deposited by the petitioners within six weeks from today and similarly to return the bank guarantee duly cancelled within six weeks from today. 4. Rule made absolute accordingly. No order as to costs. (D.G. KARNIK, J.) (F.I. REBELLO,J.)