IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.88 OF 2007 CUSTOMS APPEAL NO.88 OF 2007 CUSTOMS APPEAL NO.88 OF 2007 The Commissioner of Customs(Import)..Appellant Versus Whirlpool of India Ltd., & Ors. )..Respondents ---- Mr.P.S.Jetly with Mr.K.R.Choudhari, Mr.R.Asokan & Mr.H.P.Chaturvedi for the appellant. Mr.Prakash Shah i/by PDS Legal for the respondents. ---- Coram : F.I.REBELLO & Coram : F.I.REBELLO & Coram : F.I.REBELLO & R.S.MOHITE,JJ R.S.MOHITE,JJ R.S.MOHITE,JJ Date : 18.01.2008. PC 1. Appellants have preferred this appeal on the following question of law :- Whether the Specific Import Licence issued by the Licencing Authority for the import of Forane 141 B can be utilized for the import of Solkane 141B by claiming that both goods are Hydro Chloro Fluoro carbons having identical properties and chemical composition and by ignoring the specific contents in the licence relating to the specific brand of the product. 2. The appellate Tribunal in the order passed in appeal which was preferred by the respondents, has : 2 : recorded that solkane and forane are one and the same and they are different brand names of the chemical composition of HCFC. This was also accepted by the Commissioner. Thereafter for reasons recorded in paragraph-11, the impugned order was set aside. 3. In our opinion, even otherwise, if there was an infringement that was purely technical. For the reasons recorded by the Appellate Tribunal, in our opinion, question of law as framed would not arise and consequently, Appeal dismissed. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)