IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.89 OF 2007 Commissioner of Central Customs (General)....Appellant Versus M/s.Neptune Clearing Agency. ...Respondent Mr.A.S.Rao, for the Appellant. Mr. H.R.Shetty i/b.H.R.Shetty & Co., for the Respondent. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 11TH JUNE, 2009 P.C. The substantial question of law as framed by the Appellant reads as under:- “(a) Whether in the facts and circumstances of the case and in law, the Tribunal is right in allowing the Appeal of the Respondents and setting aside the Order in original passed by the Commissioner for revocation of the license issued by the Respondents, of which the Respondents committed violations”. 2. A show cause notice was issued to the respondents in respect of one incident and three charges were framed based on the said incident. The Respondent was found guilty and the Customs House Clearing License was cancelled. Against that order the Respondent filed an Appeal before the CESTAT. CESTAT after considering the material on record and also taking note of the facts on record was pleased to set aside the order on the ground that the revocation of license was not appropriate. 3. I n our opinion, considering the facts on record and the extremely harsh punishment that has been imposed. Considering the charge in the show cause notice we find no reason to interfere with the discretion exercised by the Tribunal. 4. The learned Counsel for the appellant points out that there are other cases pending. In our opinion dismissal of this appeal will not stand in the way of the Appellant pursuing the other matters and bringing all relevant facts including the finding in this matter against the respondent in that case. 5. With the above observation appeal dismissed. (J.H. BHATIA,J.) (F.I. REBELLO,J.)