1 wp-5486-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5486 OF 2010 M/s. K. Amishkumar Trading Pvt.Ltd. .... Petitioner vs 1 Union of India 2 Asst. Commissioner of Customs (I), Group IV, 3 The Commissioner of Customs (I) .... Respondents Mr. V. Shreedharan with Mr. Prakash Shah, Mr. Sanjay Agarwal and Mr. Jas Sanghavi i/by M/s. PDS Legal for the petitioner. Mr. Pradeep S. Jetly for the respondents. CORAM: DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ. DATE : June 29, 2011 P.C.: Rule, by consent, returnable forthwith. With the consent of the Counsel and at their request, the Petition is taken up for hearing and final disposal. 2 The present Petition is for enforcing a final order passed by the Settlement Commission on 25 February 2010. The order of the Settlement Commission was challenged by the Union of India in a companion Writ Petition (Lodging) No.129 of 2011 which has been 2 wp-5486-10.sxw allowed by a judgment delivered today. During the pendency of the present Petition, the Union of India was directed to deposit an amount of Rs.3,15,98,637/-. The Court is informed that the amount as directed by the Court has been deposited in the Court on 23 September 2010 and has been invested by the Registry. Consequent upon the order of the Settlement Commission being set aside by this Court, there shall be a direction that the Registrar (Judicial) shall refund to the First Respondent the amount of Rs.3,15,98,637/- together with the interest that is accrued on the said amount. 3 In so far as this Petition is concerned, in view of the fact that a challenge to the order of Settlement Commission has been accepted on a Petition by the Union of India and the order of the Settlement Commission being set aside, this Petition would have to be dismissed and is accordingly dismissed. 4 Rule is accordingly discharged in the aforesaid terms. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (DR.D. Y. CHANDRACHUD,J.)