1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.31 OF 2008 The Commissioner of Customs (General) ...Appellant. vs. M/s.Kunverji Dharshi & Sons. ...Respondents. --- Mr.P.S.Jetly with Ms.Nisha Valani, for Appellant. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 16TH July, 2008. P.C.:- 1. We have heard the learned Counsel appearing for the appellant. We find that the licence was suspended on 14.9.2005 because the inquiry was to be held into the conduct of the respondent and because 2 the department proposes to impose some penalty. Admitted position is that to this date no action has been taken against the respondent. In our opinion, in this situation it will be unfair to interfere with the order of the tribunal because the result would be the respondent's licence again will be suspended. In our opinion, this will not serve the interest of justice. Appeal, therefore, cannot be entertained and hence, disposed of. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.) ---