1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9188 OF 2009 Appeal Enterprises ..Petitioner. V/s. Commissioner of Customs (Import) & Anr. ..Respondents. Mr. S.H. Adwani for petitioner. Mr. P.S. Jetly for respondents. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 10TH DECEMBER, 2009. P.C. :- 1. Heard learned counsel for the rival parties. Perused the petition. Rule, returnable forthwith. Counsel for the respondents waives service. 2. Looking to the consensus between the parties, the order dated 18/09/2009 directing the provisional release is set aside since the order was passed without hearing the petitioner and without recording the reasons therein. The petitioner is permitted to make application afresh and place all the material before the authority concerned and the respondent No.1 is directed to hear the matter afresh and pass appropriate reasoned order as expeditiously as possible and in any event within 15 days from today, following the principles of natural justice. All rival contentions are kept open. 2 3. The petitioner shall appear before the respondent No.1 on Monday, 14th December, 2009. 4. The petition is disposed of. Rule is made absolute in the above terms with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)