AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.4 OF 2009 AND WRIT PETITION NO.2200 OF 2006 Dayalal Tejraj Jain ..Petitioner. V/s. Union of India & Others ..Respondents. Mr.L.S. Shetty for the petitioner. Mr.D.B. Mishra with Mr.K.J. Kandpile for the respondents. CORAM : SMT.RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 1ST ARPIL, 2009. P.C. : 1. Heard. Rule. Rule made returnable forthwith. By consent of both the parties, the petition is taken up for final hearing. 2. By this Review petition, the petitioner seeks seeking review and recall of order passed in Writ Petition No.2200 of 2006 on 5-10-2006, whereby the said writ petition was dismissed. 3. Writ Petition No.2200 of 2006 was filed to challenge the order dated 17-2-2006, whereby the appeal filed by the petitioner against the adjudication order dated 19-3-2003 was dismissed for non-compliance of the predeposit order. 4. The adjudication order dated 19-3-2003 is admittedly an ex-parte order and by the said order penalty of Rs.1 crore has been imposed on the ground that the petitioner has failed to establish that the export obligation has not been fulfilled. The appeal filed against the assessment order was dismissed for non-compliance of the predeposit order. Even the writ petition was dismissed as the petitioner could not produce the requisite documents. 5. In this Review petition, it is contended that recently the petitioner could trace out the documents which conclusively establish that the export obligation has been fulfilled. In view of the fact that these documents were not produced at any stage in the earlier proceedings and in view of the fact that the adjudication order was passed ex-parte, in our opinion this is a fit case to review the order passed in Writ Petition No.2200 of 2006. 6. Accordingly, we recall our order dated 5-10-2006 and restore Writ Petition No.2200 of 2006 on file. 7. After hearing the counsel on both sides, in the facts of the present case since the adjudication order was an ex-parte order and since the petitioner has produced documents to show that no penalty is warranted in view of the fulfilment of the export obligation, we set aside the adjudication order dated 19-3-2003 as well as the appellate order dated 17-2-2006 and restore the matter to the adjudicating authority to decide the case afresh and in accordance with law. 8. We make it clear that we have expressed any opinion on the merits of the case. 9. The review writ petition as well as the writ petition No.2200 of 2006 is disposed of in above terms. (Judge) (Judge)