IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 1435 OF 2008 PETITION NO. 1435 OF 2008 PETITION NO. 1435 OF 2008 Esab India Limited. ... Petitioner. V/s. Union of India and others. ... Respondents. Mathew J. Nedumpara with Ms.Sonali Kenekar for the petitioner. A.S.Rao with Y.R.Mishra for respondent Nos.1,2 & 5. CORAM CORAM CORAM : D.K.DESHMUKH AND V.C.DAGA, JJ. : D.K.DESHMUKH AND V.C.DAGA, JJ. : D.K.DESHMUKH AND V.C.DAGA, JJ. DATED DATED DATED : 9th July 2008. : 9th July 2008. : 9th July 2008. P.C. P.C. P.C. : : : ---- ---- ---- . Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. It is apparent that the impugned orders have been made without petitioner’s filing any reply to the show-cause-notice before the Authority. According to the petitioner, the show-cause-notice was not served on the petitioner. The learned counsel appearing for the petitioner submits that the petitioner is willing to furnish bank guarantee towards the amount of penalty which has been imposed. In our opinion, considering the willingness shown by the petitioner to furnish bank guarantee and considering that the orders, which are impugned in this petition, are admittedly, made by the - 2 - Authority without the petitioner submitting reply to the show-cause-notice. In our opinion, the following order shall meet the ends of justice: 3. In case the petitioner furnishes bank guarantee of a nationalised bank, in the sum of Rs.6 lakh, to the respondent No.5 within a period of four weeks from today to the satisfaction of respondent No.5- the authority which has issued show-cause-notice, the orders impugned in this petition shall stand set aside. 4. Thereafter, within a period of four weeks from the date of furnishing bank guarantee, the petitioner may file its reply to the show-cause-notice. In case the petitioner files its reply before respondent No.5, within the aforesaid period, the said authority shall consider the reply filed by the petitioner and after giving opportunity of hearing to the petitioner, make a speaking order pursuant to the show-cause-notice. The respondent No.5 while making final order pursuant to the show-cause-notice shall also issue appropriate directions in relations to the bank guarantee furnished by the petitioner. 5. It is directed that the petitioner is - 3 - entitled to raise all contentions that may be available against the show-cause-notice including the issue of jurisdiction of respondent No.5. 6. Any order that respondent No.5 makes in relation to the bank guarantee shall not be given effect for a period of four weeks from the date of communication of the order made pursuant to the show-cause-notice. 7. The petitioner shall submit before the respondent No.5 at the time of furnishing bank guarantee its address where the communications can be addressed. In case the petitioner fails to furnish the bank guarantee within the aforesaid period, this petition shall be treated as dismissed. 8. Rule is made absolute accordingly. No order as to costs. (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.) (D.K.DESHMUKH, (D.K.DESHMUKH, (D.K.DESHMUKH, J.) J.) J.)