IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.718 OF 2008 WRIT PETITION NO.718 OF 2008 WRIT PETITION NO.718 OF 2008 M/s.Caprihans India Ltd. .. Petitioner Vs. Union of India & Ors. .. Respondents Mr.Madhur R.Baya with Ms.Aarti Sathe for Petitioner. Mr.R.Asokan for the Respondents. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. DATE : 30th April, 2008 DATE : 30th April, 2008 DATE : 30th April, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. It is an admitted position that the purported order dated 24.07.1997 passed by the Commissioner (Appeals) is not available with the Respondents at all. Mr.Asokan the learned Counsel for the Respondents states that inspite of search in their office they are unable to trace the aforesaid order dated 24.07.1997. Mr.Asokan, the learned Counsel for the Respondents fairly states that the Petitioner has already deposited Rs.37,34,346/- with the Respondents as directed by the order in original dated 19th August, 1996. Mr.Asokan, on instructons from their clients, states that the Petitioner may be permitted to file a fresh Appeal before the Commissioner of Central Excise (Appeals) challenging the aforesaid order dated 19th August, 1996. Mr.Asokan fairly states that the Respondents will not raise any objection on the ground of delay and will hear the said Appeal in accordance with law. 2. Mr.Baya, the learned Counsel for the Petitioner states that the Petitioner will file an Appeal within a period of two weeks from today. The concerned Commissioner thereupon to decide the said appeal in accordance with law, preferrably within a period of twelve weeks thereafter. 3. Writ Petition stands disposed of. (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)