bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3730 OF 2010 Fresenius Kabi India Pvt. Ltd. ..Petitioner Vs. The Union of India & Ors. ..Respondents Mr.Makrand Joshi with Mr.Ricabchand for petitioner. Mr.P.S.Jately with Mr.J.B.Mishra for respondents. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 29th April, 2010 P.C. Heard. Perused petition. 2. Mr.Jately filed an affidavit of the Assistant Commissioner of Customs, Group-VII-B, Mumbai dated 29th April, 2010. The same is taken on record and marked “X” for identification. In view of the said affidavit, learned Counsel for the petitioner seeks leave to withdraw the petition. The petition is allowed to be withdrawn and dismissed as such. However, in view of the affidavit filed by the Revenue, we direct the Commissioner (Appeals) to dispose of the application for waiver of pre-deposit within two months from the date of communication of this order. All contentions on merits are kept open. The petition is accordingly disposed of as withdrawn with no order as to costs. (K.K.TATED,J.) (V.C.DAGA,J.)