*1* kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3664/1987 Mehul Jhaveri. ..Petitioner -Versus- The Union of India and others. ..Respondents ........... Mr.Agasti Vibhute i/b Khaitan & Jayakar, for the Petitioner. Mr.R.Ashakan, for the Respondents. .......... CORAM : V.C.DAGA & K.K.TATED, JJ. Date : 23rd February, 2010. P.C. 1 Heard the learned counsel for the Petitioner and the learned counsel appearing for the Respondents. Perused petition. 2 During the course of hearing it is brought to our notice that against the impugned order dated 21.08.1987 passed by the Assistant Collector of Customs, the appeal was preferred by the Petitioners before the Collector of Customs (Appeals) in the month of September, 1987. Since the appellate forum was not available, it appears that the present Writ Petition was filed in this Court basically to obtain interim relief. The petition was admitted and interim relief was granted by this Court vide order dated 19.11.1987 in the following terms:- *2* “Interim order in terms of prayer (c) except the bracketed portion i.e. and to issue a Detention Certificate for the priod of detention of the goods from date of the arrival till the clearance thereof, on the petitioner furnishing a bank guarantee for 50% of the differential duty and only a personal bond for the balance 50% of the differential duty.” 3 Pursuant to the aforesaid order dated 19.11.1987 the bank guarantee was furnished by the Petitioner together with a personal bond. During the course of hearing it is brought to our notice that the bank guarantee furnished by the Petitioner is valid upto 26.11.2010. 4 In the aforesaid facts and circumstances of the case, both the learned counsel appearing for the rival parties made a joint prayer that the petition may be disposed of without examining merits or de-merits of the impugned order and it be remanded with direction to the Appellate Authority to decide the appeal within a fixed time schedule that may be fixed by this Court keeping all the contentions open and with further directions to the Petitioner to keep the bank guarantee alive so also the personal bond till the decision of appeal by the Appellate Authority and four weeks thereafter with further direction to comply with the terms of the interim order passed by this Court on 19.11.1987. 5 In view of the above, considering the joint motion *3* made, rule is discharged with direction to the Appellate Authority, namely; the Collector of Customs (Appeals), now the Commissioner of Customs (Appeals) to dispose of the appeal on its own merits within three months from the date of receipt of the copy of this order. All rival contentions of the parties are kept open. The undertaking given on behalf of the Petitioner through Advocate to keep the bank guarantee alive so also a personal bond till the appeal is decided by the Appellate Authority and that they shall continue to comply with the terms and conditions of the interim order passed by this Court dated 19.11.1987 is accepted and taken on record. 6 With the above directions, the petition is disposed of with no order as to costs. (K.K.TATED, J.) (V.C.DAGA, J.)