VBC 1 wp5322.11-5.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5322 OF 2011 Rajguru Enterprises Pvt. Ltd. ..Petitioner. versus Union of India & Anr. ..Respondents. ..... Mr.Prakash Shah with Mr.Yogesh M.Rohiru for the Petitioner. Mr.Pradeep S.Jetly for Respondent Nos.1 and 2. Ms.Suchitra Kamble for Respondent No.3. ..... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. October 5, 2011. P.C. : The Petitioner has sought the following reliefs in these proceedings : “(a) Issue a Writ of Mandamus or in nature of Mandamus or any other appropriate writ, order or direction, directing the Respondents - (i) to expedite adjudication of the Show Cause Notice bearing F.No.CIU/II-1/10/677 dated 01-09-2010 issued by the Addl. Commissioner of Customs (Preventive), Mumbai, after considering the Petitioner’s reply thereto, filed on 15-06-2011. (ii) to forthwith defreeze the Petitioner’s Drawback Account no.30025700126 maintained with State Bank of India, Port Project, Nhava-Sheva. VBC 2 wp5322.11-5.10 (iii) to forthwith decide and disburse in accordance with law in a time bound manner, the pending Drawback Claims of the Petitioner, amounting to over Rs.1,35,96,471/- in respect of exports effected during the period 30-10-2009 to 22-04-2011 [in respect of Shipping Bills referred in Exhibit- ‘T’ (Colly) supra]. (iv) to forthwith release on provisional basis the seized goods in compliance with the Order dated 19/20-8-2010 passed by the Hon’ble CESTAT (Exh. ‘M’ supra).” 2. At the hearing, Counsel pressed prayer a(i), a(iii) and a(iv). Counsel appearing on behalf of the Revenue states that there can be no objection to the grant of prayer a(i). We direct that the adjudication of the show cause notice dated 1 September 2010 issued by the Additional Commissioner of Customs (Preventive) be expedited and that after furnishing to the Petitioner an opportunity of being heard, the adjudication should be completed within a period of three months from today. 3. As regards prayer a(iii), we direct that the Additional Commissioner of Customs (Preventive) and/or the Competent Authority, as the case may be, shall take a decision in accordance with law in respect of the Drawback Claims of the Petitioner as set VBC 3 wp5322.11-5.10 out in the prayer. 4. As regards prayer a(iv), the CESTAT has passed an order on 19 August 2010 in the matter of the provisional release of goods. Since the Petitioner has deposited an amount of Rs.10 lakhs to safeguard the interest of the Revenue, the Tribunal directed the release of the goods provisionally on the execution of a bond and waived the requirement of furnishing a Bank Guarantee in the amount of Rs.3 lakhs and Rs.10 lakhs respectively in respect of the two consignments. An appeal against the order of the Tribunal was disposed of by this Court on 17 August 2011. Counsel states that a bond has been executed by the Petitioner and submitted. 5, In the circumstances, the Respondents shall comply with the order of the CESTAT of 19 August 2010 expeditiously within a period of two weeks from today. 6. Prayer a(ii) has not been pressed at this stage. The VBC 4 wp5322.11-5.10 Petition is disposed of in the above terms. ( Dr.D.Y.Chandrachud, J.) ( A. A. Sayed, J.)