1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Customs Appeal No. 3 of 2005 The Commissioner of Customs (Export Promotion) ..Appellant vs. 1 Amritlal Jain, Prop.M/s Vazir Exports and another ..Respondents Mr.P.S.Jetly with Mr.R.B.Pardeshi for appellant. Mr.H.R.Shetty i/b M/s H.R.Shetty and Co. for respondent no. 1 Mr.Shridharan i/b DS Legal for respondent no.2 CORAM: V.C.DAGA AND K.K.TATED JJ 19th January, 2010 P.C. 1 Heard the learned Counsel appearing for the Revenue and the learned Counsel appearing for the respondents. The respondent no.2 has filed an affidavit dated 13th June, 2006 wherein he has made a categorical statement that after the order of Division Bench of this Court dated 17th 2 February 2005 passed in Writ Petition No.53 of 2005, the respondents have completed export obligations under DEEC Licence No.0310019867 dated 23rd December, 1999 wherein Pololight Industries was the supporting manufacturer and M/s Vazir Exports was the exporter. The said affidavit further states that the waiver certificate was issued by the Customs Department and based on that certificate , Revenue has also cancelled the Guarantee furnished by the respondent and returned it to the Bank. The import was also allowed to be made. 2 In the above circumstances, the submission is that no cause of action to proceed with the appeal survives since the impugned order stands executed and implemented. 3 We concur with the submission made by the respondents. The appeal is, thus, dismissed for want of cause of action to proceed with the appeal. No order as to costs. (K.K.TATED J.) (V.C.DAGA J.)