FAO No.1658 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.1658 of 2008 DATE OF DECISION: 28.04.2009 **** Gurdial Singh Chitti . . . . Appellant VS. Appellate Tribunal for Foreign Exchange, 4th floor, B-Wing, Janpath (Indian Oil) Bhawan, Janpath, New Delhi and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.R.L. Batta, Sr. Advocate with Ms.Geeta Sharma, Advocate for the appellant. Mr.D.D. Sharma, Advocate for respondent No.2. **** RAKESH KUMAR JAIN J.(ORAL) This order shall dispose of two First Appeal against Orders No.1657 & 1658 of 2008. At the out set, learned counsel for the appellant contends that the First Appellate Court has not given any finding on its own while appreciating evidence and contention raised before it rather it has been observed that “the impugned order has elaborately discussed different pieces of evidence which are not required to be discussed once again. Therefore, these appeals contain no merit and are required to be dismissed.” Learned counsel for the appellant relies upon a decision of the Supreme Court in the case of “Madhukar and others Vs. FAO No.1658 of 2008 -1- Sangram and others” AIR 2001 SC 2171 to content that it is duty of the Court to deal with all issues and evidence led by parties before recording finding. If the impugned decision is not only silent about the evidence led before trial Court but also about grounds on which suit was dismissed by trial court then the judgment deserves to be set aside and the matter requires to be remanded back to the First Appellate Court to record finding by re- appreciating the evidence and contentions raised. Mr.D.D. Sharma, learned counsel for the respondents does not dispute this fact as alleged by the counsel for the appellant as well as the law laid down by the Apex Court. He is also inconsonance with the arguments rasied by the counsel for the appellant that order of the First Appellate Court may be set aside and the matter may be remanded back for fresh decision after taking into consideration entire evidence and the contentions raised before it. Since, both the parties are ad idem on the issue mentioned above, therefore, the order passed by the Appellate Tribunal for Foreign Exchange dated 20.3.2008 is set aside and the matter is remanded back to the Appellate Tribunal for Foreign Exchange to decide the appeal afresh, after taking into consideration the evidence as well as all the contentions raised by the learned counsel for the parties, by passing a speaking order. Parties are directed to appear before the Appellate Tribunal for Foreign Exchange on 21.5.2009. (RAKESH KUMAR JAIN) APRIL 28, 2009 JUDGE vivek