:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1236 OF 2008 Pawan Bartya. ..Petitioner. Vs. Union of India. ..Respondents. Mr.A.S.Rao for the Petitioners. Mr.Y.S.Bhate with Mrs. N.P.Shah for the Respondents. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 22ND FEBRUARY, 2008 PC : 1. Grievance of the petitioners is that they had no opportunity of putting their case as on the date of the matter when the matter came up for hearing their counsel was not available and the matter was heard without giving opportunity. 2. We find no fault in the order of the Tribunal as the counsel is engaged in another matter really could not be good cause for adjourning the matter. However, considering the liability, in our opinion, an opportunity should be given to the petitioners. In the result, impugned order is set aside and the matter is remanded back to the Appellate Tribunal for Foreign Exchange for hearing application and thereafter to pass an appropriate order according to law. Rule made absolute accordingly. No order as to costs. (R.S. MOHITE, J.) (F.I. REBELLO, J.)