(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.93 OF 2007 The Commissioner of Customs (General)..Appellant Vs. Samrat Shipping Services ....Respondent Mr. R.V. Desai, Senior Counsel with Mr. P.S. Jetly and Mr. A.V. Mehta for the Appellant. Mr. Manoj Samekcha i/b. Mulla & Mulla & C.B.C. for the Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE,JJ. R.S.MOHITE,JJ. R.S.MOHITE,JJ. DATED: 11TH FEBRUARY,2008 DATED: 11TH FEBRUARY,2008 DATED: 11TH FEBRUARY,2008 P.C.: P.C.: P.C.: . It is not necessary to go in depth in the controversy. The learned Tribunal restored the CHA License on the ground that the Authority below had not given opportunity to the Respondent herein. Once the Tribunal arrived at a conclusion that the order was in violation of the natural justice and fair play in as much as in the enquiry an opportunity was not given to cross examine Shri Sudhir Bhosale the consequences would have been restore the matter back to the Authority and not direct grant of the CHA license. Considering the above the impugned order dated 29th March, 2007 is set aside. The matter is remanded back to the Commissioner of Customs (General). The Commissioner of Customs (General) after giving due opportunity to (-2-) the respondents herein including permitting the cross examination of Shri Sudhir Bhosale and thereafter pass appropriate order according to law at any rate not later than three months from today. In view of what is set out above Appeal allowed accordingly. (R.S.MOHITE, J.) (R.S.MOHITE, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)