: 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 CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4758 OF 2008 PETITION NO.4758 OF 2008 PETITION NO.4758 OF 2008 Sarla Performance Fibers Ltd. & Ors. ...Petitioners V/s. The Union of India & Ors. ...Respondents Mr.Prakash Shah with Mr.J.A. Motwani, Advocates, i/b. M/s.PDS Legal, for the Petitioners. Mr.R.V. Desai, Sr. Advocate, with Mr.H.V. Mehta, Advocate, for the Respondents. CORAM CORAM CORAM : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & A.V. A.V. A.V. NIRGUDE, JJ. NIRGUDE, JJ. NIRGUDE, JJ. DATE DATE DATE : 3RD JULY, 2008. : 3RD JULY, 2008. : 3RD JULY, 2008. P.C. P.C. P.C. : : : . Heard the learned Counsel for the Petitioners and the learned Senior Counsel for the Respondents. 2. By this Petition, the Petitioners are seeking to set aside the order dated 21st April, 2008 passed by the CESTAT in Central Excise Appeal Nos.E/2806 to 2809, 2811 and 2812 of 2002 and the order dated 15th November, 2007 passed by the CESTAT in Central Excise Appeal Nos.2806 to 2812 and 2782 of 2002 and Appeal No.2216 of 2003. 3. There were certain Appeals filed by the Petitioners and also there were certain Appeals filed : 2 : by the Department. Mr.Desai, the learned Senior Counsel for the Respondents, has no objection if all the Appeals are heard together denovo including the Appeals filed by the Department since the Petitioners were not heard in the Appeals. The learned Counsel for the Petitioners also has no objection for the same. 4. Under the aforesaid facts and circumstances, both the impugned orders dated 21st April, 2008 and 15th November, 2007 passed by the CESTAT in the aforesaid Appeals are hereby quashed and set aside, and all the aforesaid Appeals stand restored to file. The CESTAT is directed to hear all the Appeals mentioned hereinabove afresh denovo without being influenced by their earlier orders in any manner. 5. Liberty is also granted to the Petitioners to challenge the order dated 3rd August, 2007 passed in the aforesaid Appeals. [A.V. [A.V. [A.V. NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.]