1 wp1100-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1100 OF 2008 Sewa Medicals Ltd. ..Petitioner. V/s. Union of India & Ors. ..Respondents. Mr. V. Sridharan with Rajinder Kumar for appellant. Mr.M.S. Bhardwaj with Rui A. Rodriques for respondent Nos.1 to 3.. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 23RD DECEMBER, 2010 P.C. :- 1. This petition was admitted on 13th June, 2008. By consent of the parties, the petition is taken up for final hearing. 2. By an order in original dated 26/03/2004 the Special Director had imposed penalty Rs.1.69 crores mainly on the ground that the petitioner had failed to submit necessary documents evidencing that the imports have been in fact effected by utilising the amount of foreign exchange availed by the petitioner. Appeal filed by the petitioner against the order in original was dismissed by the Appellate Tribunal on 2 wp1100-08 12/12/2007. 3. In the Notice of Motion as well as in the additional affidavit filed in the Writ Petition, the petitioner has stated that the import documents are now available with them and they are ready and willing to produce the same before the adjudicating authority. In this view of the matter, the order passed by the adjudicating authority on 26/03/2004 as well as the order passed on 12/12/2007 by the Appellate Tribunal for Foreign Exchange dismissing the appeal, are quashed and set aside and the matter is restored to the file of the adjudicating authority for deciding the matter afresh in accordance with after giving an opportunity of hearing to the petitioner. 4. The petition to appear before the adjudicating authority at 11.00 a.m. on 10th January, 2011. 5. The petition is disposed of accordingly with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)