- (1.) Let the affidavit-in-opposition, the reply thereto and the supplementary affidavit on behalf of the Respondent Nos. 2 to 5 filed be kept on record.
(2.) In this writ petition the Petitioner No. 1, a company under the Companies Act, 1956, and the Petitioner No. 2, one of its directors, have prayed for a direction upon the customs authorities to act in terms of the Order-in-Appeal No. KOL/CUS/CKP/631/2009 dated 10th November 2009 passed by the Commissioner of Customs (Appeals).
(3.) Facts relevant for adjudication are that the Petitioner had challenged the order dated 25th April 2007 passed by the learned Customs, Excise and Services Tax Appellate Tribunal, Kolkata by filing a writ petition being W.P. No. 800 of 2007 Karan Exports (India) Pvt. Ltd. v. Union of India and Ors. (for short 'the said writ petition'). The said writ petition was disposed of on 22nd May, 2009 by passing an order, the relevant portion of which is as under: Having heard the learned advocates for the parties since I find that a sum of Rs. 6,45,000/- is lying secured with the department, considering such fact the writ petition is disposed of by directing the Commissioner of Appeals to hear out the appeal arising out of the order in original dated 14th November, 2005 without insisting on the predeposit of Rs. 1 lakh as directed by the Tribunal by the order dated 25th April 2007 within a period of eight weeks from the date of communication of this order. The order of the learned Tribunal passed on 25th April, 2007 is modified to the extent as indicated. It is also made clear that the Petitioner shall go on renewing the bank guarantee till order is passed by the Commissioner of Customs (Appeals) and communicated to the parties.;