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 WRIT PETITION NO.1376 OF 2002 M/s. Atul Gems. ..Petitioner. Vs. Union of India and ors. ..Respondents. Mr.D.M.Mehta with Mr.D.P.Desai for the Petitioner. Mr.R.V.Desai,Sr. Counsel with Mr.P.S.Jetly and Mr.A.S.Rao and H.P. Chaturvedi for the Respondents. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22ND FEBRUARY, 2008 PC : 1. Not on board. Upon mentioning taken on board. 2. Rule. Heard forthwith. 3. It is the case of the petitioner that the Joint Director General of Foreign Trade recorded a finding on the footing that the application is not covered under the categories of Circular No.4/96-97, when in fact it is so covered. Reference is also made to the judgment of this court and the writ petition filed and disposed of in 1999. 3. Without going into the controversy, in our opinion, considering the contentions raised impugned order is set aside and the matter is remanded back to hear the parties and thereafter to pass an appropriate order according to law. 4. Rule made absolute accordingly. (R.S. MOHITE, J.) (F.I. REBELLO, J.)