1 wp1447.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1447 OF 2010 Mr. Anuj Murari Lal Agarwal .....Petitioner. Vs. The Commissioner of Central Excise, Mumbai-I & Anr. .....Respondents. Ms. Ankita Singhania with Ms. Shobhana R. Waghmare i/by M/s. Mulani & Co. for the Petitioner. Mr. M.I. Sethna, Sr. Advocate with Mr. Pradeep S. Jetly and Mr. Jitendra B. Mishra for the Respondents. CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE : JUNE 27, 2011 P.C.: This Petition has been filed for enforcing an order passed by the Revisional Authority under Section 35EE of the Central Excise Act, 1944 and for directing the Respondent to pay to the Petitioner an amount of `15.73 lacs on account of a rebate claimed. The order of the Revisional Authority has been set aside by this Court in companion Appellate Side Writ Petition No. 6288 of 2010 filed by the Union of India and the proceedings have been remitted back to the Revisional 2 wp1447.10.sxw ssm Authority for fresh consideration. In that view of the matter, no relief can be granted to the Petitioner which is sought on the basis of the order of the Revisional Authority which has been set aside. The Petition is accordingly dismissed. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)