skc 1 CAW-1486-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1486 OF 2011 IN WRIT PETITION NO. 4527 OF 2010 Transworld Furtichem Pvt. Ltd. & Anr. ..Applicants versus Union of India & Ors. ..Respondents Mr. Nusrat Shah with Ms. Pervin D. Contractor, Ms. Naazish N. Shah, Ms. Ema Almeida, Mr. Sayed Zia i/b. Mr. A. K. Gupta for Applicants / Petitioners. Mr. Jaydeep Deo for Respondent No. 1. Mr. Nitin P. Deshpande - Assistant Government Pleader for Respondent Nos. 3 to 6. Mr. R. Ashokan for Respondent No. 7. Mr. R. G. Bhat for Respondent No. 8. CORAM : D. D. SINHA AND SMT. V. K. TAHILRAMANI, JJ. 25 August 2011 P.C. : Heard the learned counsel for the respective parties. skc 2 CAW-1486-11 2. It is brought to the notice of this Court that this Court passed an interim order in the present writ petition on 7th January 2011 and in paragraphs 12 and 13 of the said Order has observed thus : “12. At the same time, it is also necessary to secure interest of the Revenue and permit the Collector to proceed with the investigation. In the above backdrop, to balance the rights of the rival parties, we direct the petitioners to furnish a Bank Guarantee quantified in the sum of Rs.10 Crores of any Nationalised bank in favour of the Collector within four weeks from today. Subject to furnishing bank guarantee the petitioners shall be entitled to proceed to use imported raw material in manufacture of final products. After furnishing the subject Bank Guarantee by the petitioners, the Collector shall immediately depute its Officer / Officers under whose supervision the seized material shall be used in manufacturing final product and that the same shall be exported in accordance with the provisions of the Customs Act and the Foreign Trade Policy. 13. The Collector shall complete the inquiry, if any, within a period of six months from the date of receipt of copy of this order following principles of natural justice and shall place it on record of this Court to take proper view of the matter.” skc 3 CAW-1486-11 3. Learned counsel for the applicants / petitioners has submitted that the said interim order came to be modified by another Order passed by this Court dated 16th March 2011 and in paragraphs 4 and 5 of the said Order, it is observed thus : “4. In view of the above, order dated 7.1.2011 is modified to the extent that the petitioners shall provide security by way of fixed deposit of a Nationalised Bank in the name of the Registrar General of this Court in the sum of Rs.10 crores, instead of furnishing the Bank Guarantee. Petitioners are granted six weeks time to furnish the fixed deposit instead of Bank Guarantee. 5. It is made clear that the Petitioners will not create any charge on the said fixed deposit they will not encash the same and will keep the same renewed from time to time till disposal of the petition. The petitioners shall give undertaking to that effect to the Registrar General of this Court. The fixed deposit be accepted subject to this undertaking.” 4. Counsel for the applicants/ petitioners has submitted that in view of the Order dated 16th March 2011 the petitioners have furnished fixed deposit of Rupees Ten Crores dated 31st March 2011 with the Registrar skc 4 CAW-1486-11 General. 5. It is submitted that the Collector and the District Magistrate, Raigad, vide Order dated 30th May 2011 has observed thus: “The proceeding under the Fertilizer Control Order, 1985 and the Essential Commodities Act, 1955 is quashed. The Seizure Order of the Dist Fertilizer Insp. & Quality Control Inspector, Raigad dated 10.03.2010 is hereby set aside. The Seized Fertilizers are released to the Respondents. The copy of this order to be placed before the Hon’ble Bombay High Court in the next hearing.” 6. Counsel for the applicants / petitioners has submitted that in view of the said Order, the petitioners may be permitted to withdraw the said amount since the petitioners have carried out all the activities lawfully and as per the provisions of the Customs Act, Central Excise Act and the Foreign Trade Policy and there was no violation of Fertilizer Control Order, 1985. 7. The learned Assistant Government Pleader was given time to verify all the above facts and circumstances and make a statement today before this Court whether the Petitioners are entitled for withdrawal of the deposit skc 5 CAW-1486-11 amounting to Rupees Ten Crores. The learned Assistant Government Pleader on the basis of the instructions received from Mr. G. N. Girigosavi , Dist. Quality Control Inspector, has made a categorical statement that the above referred facts placed before this Court by the learned counsel for the petitioners are not in dispute at all and there is no legal impediment in permitting the petitioners to withdraw the deposit of Rupees Ten Crores. 8. In view of the categorical statement made by the learned Assistant Government Pleader, in view of the Order dated 30th May 2011 passed by the Collector and District Magistrate, Raigad, we permit the petitioners to withdraw the fixed deposit of Rupees Ten Crores deposited with the Registry as per the earlier Order passed by this Court. 9. Civil application is disposed of accordingly. (D. D. SINHA, J.) (SMT. V. K. TAHILRAMANI, J.)