IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVL JURISDICTION FEMA APPEAL NO. 4 OF 2010 Urmila Jain. ... Petitioner. V/s. Directorate of Enforcement. ... Respondent. Rahul Naricharia with S.V.Mehta and Vijay Nene i/b. Malvi Ranchoddas & Co. for the petitioner. A.J.Rana, senior counsel with H.V.Mehta for the respondents. CORAM : V.C.DAGA AND S.J.KATHAWALLA, JJ. DATED : 17th June 2010. P.C. : Heard. Perused appeal. 2. This appeal is directed against the order dated 17th September, 2009 passed by the Appellate Tribunal for Foreign Exchange, New Delhi (“Tribunal” for short). During the course of hearing, a letter dated 10th May, 2010 written by the advocate for the appellant is brought to our notice from which it is clear that the appellant was given time by the Tribunal up to 18th September, 2009 to file written submissions along with synopsis together with judgments sought to be relied upon. Accordingly, on 18th September, 2009 the written submissions were filed by the appellant. It appears that before written submissions could be filed, appeal itself was dismissed by the Tribunal vide order dated 17th September, 2009. The impugned order is clearly in breach of principles of natural justice. 3. Mr.Rana, learned senior counsel appearing for the respondent could not dispute the aforesaid factual position. He could not justify the dismissal of the appeal by the Tribunal on 17th September, 2009, especially, when time to file written submission was granted till 18th September, 2009. 4. In the aforesaid backdrop, without examining merits or demerits of the order, the impugned order is quashed and set aside it being in breach of principles of natural justice. The appeal is remanded and restored to the file of the Tribunal for consideration afresh. All rival contentions are kept open. It would be open for both parties to raise additional contentions and file additional affidavits in support thereof. 5. We expect the Tribunal to decide the appeal with expeditious despatch, at any rate, within three months from the date of receipt of copy of this order. 6. Appeal stands disposed of in terms of this order with no order as to cost. (S.J.KATHAWALLA, J.) (V.C.DAGA J.)