HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO. 10 OF 2008 The Commissioner of Customs ... Appellant Versus M/s. Mhatre and Sons ... Respondent Mr. R.V. Desai, Sr. Counsel with Mr. A.S. Rao and Mr. D.A. Dubey and Mr. H.P. Chaturvedi for Appellant. Mr.S.N. Kantawala, with Mr. Vinod Kothari i/by Apex Law Partners for Respondents. 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: MARCH 13, 2008 DATED: MARCH 13, 2008 DATED: MARCH 13, 2008 P.C. P.C. P.C. . The tribunal in its order from which the appeal arises, has proceeded on the footing that the show cause notice of violation of the provisions of DFR scheme has been issued on 25.7.2006 and is pending adjudication. This basic premises is incorrect as the order of adjudication has already been passed. In the light of that, impugned order is set aside. The matter restored to the file of the tribunal for deciding the matter on merits. (R.S. MOHITE, J.) (R.S. MOHITE, J.) (R.S. MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)