IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.981 OF 2008 Aasu Exim Private Limited ..Petitioner Versus Union of India & ors. ..Respondents ---- Mr.Jitu Motwani for the petitioner. Mr.A.S.Rao with Ritu Singh for the respondents. ---- Coram : F.I.Rebello & Coram : F.I.Rebello & Coram : F.I.Rebello & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 14.2.2008 PC 1. Rule. Heard forthwith. 2. The sole reason on which application made for refund has been rejected is on the ground that CESTAT has rejected the appeal preferred by the petitioner herein. 3. We have perused the impugned order. We find that the appeal was dismissed only on the ground that the appeal was not maintainable as the order dated 28.4.2004 is an administrative order. 4. Considering the above, the impugned order dated 7.12.2007 is set aside. Respondent no.4 to decide the application afresh according to law at any time not later than 4 weeks from today. Rule made absolute accordingly with no order as to costs. (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J) (R.S.Mohite,J) (F.I.Rebello,J)