1 fera80-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FERA APPEAL NO. 80 OF 2009 Mr. Navin H. Jawa .. Appellant V/s. The Appellate Tribunal of Foreign Exchange & Ors. .. Respondents ...... Mr. J. Reis with Mr. Jaideep Mitra i/b. Mr. J. D. Ved for the Appellant. Mr. R. A. Rodrigues with Mr. Rajinder Kumar for the Respondents. ...... CORAM :V.C.DAGA AND R.M.SAVANT, JJ. DATED : SEPTEMBER 16, 2010. P.C. : Perused the Appeal. Heard learned counsel for the rival parties. 2. The learned counsel appearing for the Appellant submits that no documents were given to the Appellant 2 fera80-09 coupled with the fact that he was also not allowed to cross examine the witnesses. He, thus, submits that there is a flagrant breach of law of the principles of natural justice. He also urged that the statement of the appellant relied upon in the impugned order was retracted immediately within a short span of period. In his submission, all these aspects have resulted in causing substantial prejudice to him. 3. Mr. Rodrigues tried to controvert the submissions made, but could not support his submission on the basis of the material available on record. 4. On the above backdrop, both the advocates agreed that without examining the merits and or demerits of the impugned order, dispensing with reasons in support of this order, it be set aside and the matter be remanded to the Adjudicating Authority with directions to reconsider the issue de-novo with a reasoned order following principles of natural justice, keeping all rival contentions on merits open. 3 fera80-09 5. So far as the issue of Bank Guarantee is concerned, the joint prayer of the advocates is to keep the said issue open with liberty to the Appellant to make appropriate prayer before the Adjudicating Authority, which the Adjudicating Authority can consider on its own merits. 6. In the above view of the matter, considering the joint prayer made, the impugned order is set aside and the matter is remanded back to the Adjudicating Authority with direction to adjudicate the show cause notice afresh on its own merits with expeditious dispatch at any rate within three months from the date of the receipt of the order following the principles of natural justice. All rival contentions on mertis are kept open. 7. The Appellant undertakes to appear before dthe Adjudicating Authority on 27th September, 2010. On appearance of the Appellant, the Adjudicating Authority would 4 fera80-09 be free to schedule the date of hearing. 8. Appeal stands disposed of in terms of this order with no order as to costs. (R.M.SAVANT, J.) (V.C.DAGA J.)