IN THE HIGH COURT OF JUDKICATRE AT BOMBAY APPELLATE SIDE, CIVIL JURISDICTION CIVIL APPLICATION NO.1071 OF 2009 IN WRIT PETITION NO.2662 OF 2009 MSC Agency (India) Pvt. Ltd...........Petitioners Vs. Union of India & Ors. .................Respondents Mr. Sandeep Parikh with Mr. Kamlesh A. Patel and Mr. Manas Shah i/b. Devan Dwarkadas & Partners for the Petitioners. Mr. Rajinder Kumar for respondent No.1. Mr. N.H. Seervai, Senior Counswel with Mr. Gaurav Joshi i/b. Udwadia & Udeshi for the respondent No.2. CORAM; F.I. REBELLO & J.H. BHATIA, JJ. DATE : 2nd May, 2009 P.C. Admit. Heard forthwith. 2. This is an application by original Respondent No.2 Balmer Lawrie Container Freight Station for recalling the order dated 9th April, 2009. Considering the direction No.2 in Para.3 we had directed the applicant to file their affidavit. An affidavit has been filed. 3. By order of 9th April, 2009 we had directed the respondents including the applicant to take whatever steps in law they are entitled to de-stuff the containers described in Exhibit “B” and release the containers in favour of the petitioners within 8 weeks from the date of the order. It is the contention of the applicants that they are not in a position to comply with the said direction on account of various facts as pointed out in the affidavit. They have also sought to explain the reason why they could not remain present on 9th April, 2009 though they were served. 4. After hearing the parties including Revenue in our opinion the direction contained in the order dated 9th April, 2009 can be varied so that the said order is complied with. 5. We, therefore, modify our order and issue the following directions:- (a) In so far as the 15 containers in respect of which the goods had been auctioned and bill of entry has been filed on 16th March, 2009, the Customs Authorities to clear the same within two weeks from today. (b) In so far as 4 containers in respect of which the Customs Authorities were carrying on investigation, the said Authorities are directed to complete the same and pass appropriate directions within four weeks from today. (c) On such direction liberty to the parties to comply with the order. In the event the order cannot be complied with to move this Court for suitable directions. (d) In respect of one container containing biscuits, the said biscuits to be de-stuffed and destroyed in the presence of the Customs Authorities and the container released in favour of the petitioners. The Customs Authorities to remain present on Monday, 4th May, 2009. On the biscuits being de-stuffed the containing to be released in favour of the petitioners. (e) There is one more container in which, the pleadings set out that 76 pieces of broken wood was found. The said container be de-stuffed and the pieces of wood be destroyed and the said container be released in favour of the petitioner. This exercise also be completed on Monday, 4th May, 2009. (f) If the Customs Authorities are not in a position to locate the file in respect of the container containing the pieces of broken wood the Applicant to make available the documents in their possession and the Customs Authorities to act on the same. (f) The order dated 9th April, 2009 stands modified accordingly. (J.H. BHATIA, J.) (F.I. REBELLO, J.)