hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1297 OF 2009 J.J. Poly Impex ... Petitioner Versus The Asst. Commissioner of Customs ... Respondent WITH WRIT PETITION NO. 1298 OF 2009 M/s. K.K. Products ... Petitioner Versus The Asst. Commissioner of Customs ... Respondent Mr. Haresh Jagtiani, Sr. Advocate with Ms. Divya Bahl and Mr. Siddhesh Bhole and Mr. Yashpal M. Jain for Respondent. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATED : AUGUST 11, 2009 P.C. Rule. Heard forthwith. The issue involved in this petitions is similar to what was in issue in W.P. No. 1296 of 2009. For the reasons set while disposing of Writ Petition No. 1296 of 2009, this petition also allowed. In the light of the above, the following order : The ends of justice will be met if the Petition is allowed and the impugned order is set aside and the matter restored to the file of Respondent No. 1 for de novo consideration by also considering the material placed by the Petitioner herein. The entire exercise to be completed within four months from today. Rule made absolute accordingly. We make it clear that until such time as the matter is reconsidered and a fresh order is passed, the Petitioner will not apply for refund of the duty already paid. (D.G. KARNIK,J.) (F.I. REBELLO,J.)