1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPLICATION NO.32 OF 2002 The Commissioner of Central Excise. ...Applicant. vs. M/s.Richardson & Cruddas Ltd. ...Respondent. --- Mr.A.S.Rao, for applicant. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 21st October,2008. P.C.:- 1. This application was admitted on 4.5.2005 on the following question of law:- “Whether the tribunal was right to allow the rectification application of the respondent when the respondents had already passed on the duty incidence to its buyers while claiming the refund amount which amounts to 2 unjust enrichment which was made clear by the tribunal vide its earlier order dated 17.8.99?” The learned counsel appearing for the applicant fairly states that after allowing the rectification application the Tribunal has re-heard the matter and the fresh order passed by the Tribunal has been accepted by the Revenue. In this view of the matter, the present application has become infructuous. Hence, the application is dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)