( 1 ) LEAVE granted.

( 2 ) APPELLANTS are before us being aggrieved by and dis-satisfied with an order dated 18. 1. 2008 passed by a Division Bench of the High Court of judicature at Bombay dismissing the writ petition filed by the appellants herein on the ground that it was not a fit case to exercise the Court's extraordinary jurisdiction.

( 3 ) THE basic fact of the matter is not in dispute.

( 4 ) APPELLANT No. 1 which is a Charitable Tust runs a hospital on no profit basis. It imported certain equipments invoking the Notification 64/88-Cus. dated 1. 3. 1988 issued by the Government of India in terms whereof exemption from payment of custom duty was granted in respect thereof subject to an obligation that it would reserve 10% of the beds for patients from families having a income of less than rs. 500/- per month and provision for free treatment of at least 40% of the outdoor patients shall be made.

( 5 ) AN investigation was carried out in the year 1999 as to whether the appellant No. 1 had fulfilled all such conditions or not. The matter went before the customs Excise and Service Tax Appellate Tribunal, West Regional Bench at mumbai. The appeal of the appellant before the Tribuna