1 caw-2549.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2549 OF 2010 IN WRIT PETITION NO. 6069 OF 2010 M/s.ERA Infra Engineering Ltd. ... Petitioner. V/s. Union of India and others. ... Respondents. M.H.Patil with Vijay Singh and Ms.Padmavati Patil for the petitioner. Pradeep S. Jetly for the respondents. CORAM : V.C.DAGA AND R.M.SAVANT, JJ. DATED : 12th October 2010. P.C. : Heard rival parties. Perused civil application and the affidavit filed by the respondents opposing grant of interim relief. 2. In our opinion, the petitioner has made out prima facie case and balance of convenience in its favour for grant of interim relief. The petition has already been admitted. In this view of the matter, interim relief in terms of prayer clause (a) to operate during pendency of the petition. 2 caw-2549.10 3. The respondents shall be at liberty to carry out site inspection, if advised, within two weeks from today under intimation to the petitioner. The petitioner shall be at liberty to shift and use the subject machines at another site of the NTPC Power Project at Navi Nagar, Bihar, however, the removal of the machines shall be under intimation to the respondents. 4. The bank guarantee furnished by the petitioner for the entire amount of duty liability shall continue to operate as security during the pendency of the petition. The bank guarantee shall contain a specific clause that in the event of failure on the part of the petitioner to renew the bank guarantee, the bank shall remit the proceeds of the bank guarantee to this Court, without there being any demand from the Court or the Revenue. 5. Civil application is made absolute in terms of this order with no order as to costs. (R.M.SAVANT, J.) (V.C.DAGA J.)