1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO. 16 OF 2009 CUSTOMS APPEAL NO. 16 OF 2009 CUSTOMS APPEAL NO. 16 OF 2009 Abdul Hussain Taherbhai Lokhandwala ..Appellant Versus The Union of India & Anr. ..Respondents Mr. Nitin B.Patil i/b. Mr. Yogesh Rohira for the appellant. Mr. R.V.Desai, Senior Counsel ith Mr. Suresh Kumar for the respondents. CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE: 16th April, 2009. DATE: 16th April, 2009. DATE: 16th April, 2009. P.C. P.C. P.C. 1. The appellant has come in appeal against the order dated 18.8.2005. The main contention on behalf of the appellant is that he had no notice of the hearing and consequently the order whereby the appeal was partly allowed should be set aside. The submission is two-fold. 2 Firstly, the Tribunal could not have gone on merits in the absence of the appellant and secondly the matter could not have been heard without due notice to him. 2. On behalf of the respondents, the learned Counsel fairly concedes that after going through the record and also the affidavit he finds that the appellant had no notice of the appeal. 3. Considering the above, the impugned order dated 18th August 2005 is set aside. The matter is restored back to file of CESTAT to decide the matter afresh. Both parties to appear before the CESTAT on 28th April, 2009 at 11.00 a.m. for further directions and also produce a copy of this order before the CESTAT. Appeal disposed of accordingly. (F.I.REBELLO,J.) (F.I.REBELLO,J.) (F.I.REBELLO,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)