1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi WRIT PETITION NO. 5389 OF 2010. Starflex Sealing India Pvt. Ltd. ..Petitioner. v/s. The Union of India & Ors. ..Respondents. .... Mr. S.N. Kantawalla i/b. ALMT Legal, for Petitioner. Mr. R.V. Desai, Senior Counsel, a/w. R.B. Pardeshi, for Respondent No.2. Mr. A.J. Rana, Senior Counsel, a/w. Mrs. S.I. Shah, for Respondent No.4. .... CORAM : V.C. DAGA & S.J. KATHAWALLA, JJ. DATE : 11TH AUGUST 2010. P.C. Perused petition. Heard learned Counsel for the parties. 2. Mr.Desai, Learned Senior Counsel appearing for respondent No.2 makes a statement that the proceeds of the bank guarantee, which the department has encashed, will be returned to the petitioner within a period of one week from today. The statement made in this behalf is taken on record. 3. Mr. Kantawalla, learned Counsel on behalf of petitioner submits that the petitioner’s account is with ICICI bank and the petitioner undertakes to furnish a fresh bank guarantee in favour of the Revenue within two days from the receipt of proceeds of bank guarantee encashed by the Revenue, and shall keep the bank guarantee alive during the adjudication proceeding. In the circumstances, the Revenue shall refund amount by drawing account payee cheque in the manner mentioned 2 hereinbelow :- “ICICI Bank A/c of M/s. Starflex Sealing India Pvt. Ltd.” 4. It is needless to mention that in the event the order is adverse to the petitioner, the same shall be communicated to the petitioner. The department shall not encash the bank guarantee for a period of two weeks from the date of communication. Order accordingly. 5. In view of the above, no further order on the petition is necessary. Writ Petition stands disposed of in terms of this order, with no order as to costs. [ S.J. KATHAWALLA, J. ] [ V.C. DAGA, J. ]