IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS CUSTOMS CUSTOMS APPEAL NO.34 OF 2009 APPEAL NO.34 OF 2009 APPEAL NO.34 OF 2009 The Commissioner of Customs (Preventive) ....Appellant. v. Mr.Bajirao P. Ghosalkar ....Respondent. Mr.R.V.Desai, Sr.Counsel with A.D.Kango adv. for the Appellant. None for the Respondent. CORAM : F.I. REBELLO & J.H.BHATIA J.H.BHATIA J.H.BHATIA, JJ. DATE : 29th 29th 29th April, 2009. April, 2009. April, 2009. PC : 1. Issue involved in this petition is similar to what was an issue in Customs Appeal No.12 of 2007 in the case of Commissioner of Customs (Preventive) v. Commissioner of Customs (Preventive) v. Commissioner of Customs (Preventive) v. M/s. M/s. M/s. Noble Asset Company Ltd. & Others Noble Asset Company Ltd. & Others Noble Asset Company Ltd. & Others decided on 4th August, 2008. 2. In the light of that, question as framed would not arise. Consequently, the appeal stands dismissed. ( J.H.BHATIA, J.) ( F.I.REBELLO, J.)