1 cuapp-59.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO. 59 OF 2010 Paresh Bhanaji Nanda. ... Appellant. V/s. The Union of India and another. ... Respondents. Prakash Shah i/b. Yogesh Rohira for the appellant. Pradeep S. Jetly for the respondents. CORAM : V.C.DAGA AND R.M.SAVANT, JJ. DATED : 8th September 2010. P.C. : Heard. By consent of parties, appeal is taken up for final hearing. 2. The sole grievance made in the appeal is that no proper notice was served on the appellant before the impugned order was passed, though the present address of the appellant was on the file of the Revenue. Mr.Jetly tried to justify the impugned order, however, he could not take his submission to the logical end. 2 cuapp-59.10 3. In the above facts and circumstances of the case, looking to the consensus between the parties, impugned order is set aside, subject to deposit of the balance amount of penalty by the petitioner so as to constitute 50% thereof within six weeks from today. In the event of such deposit, the impugned order shall stand set aside and the proceeding shall stand restored to the file of the appellate authority to the extent of present appellant only with direction to hear the appeal afresh and dispose of the same by a reasoned order following principles of natural justice as expeditiously as possible, at any rate, within three months from the date of receipt of copy of this order. All rival contentions to the extent of this appeal are kept open. Failure to comply with the condition imposed herein, the appeal shall be deemed to have been dismissed with costs quantified in the sum of Rs.5,000/-. 4. Appeal is disposed of in terms of this order with no order as to costs. (R.M.SAVANT, J.) (V.C.DAGA J.)