hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3857 OF 2008 IN CUSTOMS APPEAL NO. 50 OF 2003 The Commissioner of Customs (Import) ... Appellant Versus M/s. Lion Cancer Detection Centre ... Respondent Mr. P.S. Jetly with Mr. R.B. Pardeshi for the Appellant. Mr. Prakash Shah i/by PDS Legal for Respondent. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATED : SEPTEMBER 23, 2009 P.C. The contention on behalf of the Respondent is that when the matter cane up for hearing on 29.9.2009, though Vakalatnama of M/s. DSK Legal was on record, their name did not appear on the board and consequently there was no appearance on behalf of the Respondents. On behalf of the Original Applicant, the learned counsel submits that all that has happened is that the learned counsel has directed reference being made. The fact remains however, that the order was passed without hearing the respondents though respondents had filed appearance of their lawyer. In these circumstances, impugned order is recalled. Application restored to file to be placed on board. (D.G. KARNIK,J.) (F.I. REBELLO,J.)