Rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.39 OF 2009 M/s Sound Castings Pvt.Ltd .. Appellant vs The Commissioner of Central Excise Pune-II Commissionerate .. Respondents ... Ms Aparna Hiranandgi i.b Mr.M.H.Patil for Appellant Mr.A.S.Rao with Ms Rutuja Ambekar for Respondents Coram: F.I.Rebello and J.H.Bhatia, JJ Dated: 24th June, 2009 P.C. 1. We have heard learned counsel for the parties. Considering the contention by the appellant that they had no opportunity to argue their case before the tribunal and also considering that this aspect so raised in their Misc.Application has not been dealt with, ends of justice will be met if the impugned orders dated 2nd August 2007 and 18th July, 2008 are set aside and appeal is restored back to the tribunal for deciding the same afresh on merits. { J.H.Bhatia, J } { F. I. Rebello, J }