1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL CIVIL CIVIL JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION NO. 8944 OF 2007 PETITION NO. 8944 OF 2007 PETITION NO. 8944 OF 2007 Bimal Bimal Bimal Kumar Jain Kumar Jain Kumar Jain ...... Petitioner Petitioner Petitioner vs vs vs Commissioner Commissioner Commissioner of Customs of Customs of Customs (Exports) (Exports) (Exports) & ors & ors & ors ...... Respondents Respondents Respondents Mr.Atish Mr.Atish Mr.Atish D.Ray D.Ray D.Ray for Petitioner for Petitioner for Petitioner Mr.R.C.Master Mr.R.C.Master Mr.R.C.Master with with with Mr.A.S.Rao, Mr.H.P.Chaturvedi Mr.A.S.Rao, Mr.H.P.Chaturvedi Mr.A.S.Rao, Mr.H.P.Chaturvedi for for for Respondents Respondents Respondents CORAM CORAM CORAM : : : F.I.REBELLO AND F.I.REBELLO AND F.I.REBELLO AND R.S.MOHITE, R.S.MOHITE, R.S.MOHITE, JJ JJ JJ DATED DATED DATED : : : 10th January, 2008 10th January, 2008 10th January, 2008 P.C. P.C. P.C. 1.1.1. The petitioner approached this Court to direct The petitioner approached this Court to direct The petitioner approached this Court to direct the the the respondents to refund the amount. There is an respondents to refund the amount. There is an respondents to refund the amount. There is an order order order in favour of the petitioner dated 12th in favour of the petitioner dated 12th in favour of the petitioner dated 12th August, August, August, 2004. 2004. 2004. 2.2.2. Pursuant to the order of this Court dated 13th Pursuant to the order of this Court dated 13th Pursuant to the order of this Court dated 13th December, December, December, 2007 we had directed the said amount of 2007 we had directed the said amount of 2007 we had directed the said amount of Rs.3,00,000/- Rs.3,00,000/- Rs.3,00,000/- to be deposited. The said amount has to be deposited. The said amount has to be deposited. The said amount has since since since been deposited. been deposited. been deposited. 3.3.3. Learned counsel for the respondents seek Learned counsel for the respondents seek Learned counsel for the respondents seek further further further time to find out whether an appeal has been time to find out whether an appeal has been time to find out whether an appeal has been preferred. preferred. preferred. In our opinion, this will not be a fit In our opinion, this will not be a fit In our opinion, this will not be a fit case case case to grant such time as in the event the appeal to grant such time as in the event the appeal to grant such time as in the event the appeal isisis filed and/or respondents succeed in the appeal, filed and/or respondents succeed in the appeal, filed and/or respondents succeed in the appeal, 2 ititit is always open to them to proceed against the is always open to them to proceed against the is always open to them to proceed against the petitioner petitioner petitioner for recovery of the said amount. for recovery of the said amount. for recovery of the said amount. Considering Considering Considering the above amount deposited in this the above amount deposited in this the above amount deposited in this Court Court Court be directed to be released in favour of the be directed to be released in favour of the be directed to be released in favour of the petitioner petitioner petitioner on the petitioner producing a certified on the petitioner producing a certified on the petitioner producing a certified copy copy copy of this order before the Registrar General. of this order before the Registrar General. of this order before the Registrar General. 4.4.4. With above observations, petition is disposed With above observations, petition is disposed With above observations, petition is disposed of. of. of. (F.I.Rebello, (F.I.Rebello, (F.I.Rebello, J) J) J) (R.S.Mohite, (R.S.Mohite, (R.S.Mohite, J) J) J)