1 wp-5670.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5670 OF 2010 M/s.ABS International and another. ... Petitioners. V/s. Union of India and another. ... Respondents. Prakash Shah i/b. Yogesh Rohira for the petitioners. Pradeep S Jetly for the respondents. CORAM : V.C.DAGA AND R.M.SAVANT, JJ. DATED : 15th September 2010. P.C. : Heard. Rule, returnable forthwith. By consent of parties, petition is heard finally. 2. Having seen the impugned order-in-original dated 15th April, 2010 passed by Commissioner of Customs (Import), J.N.C.H., Nhava Sheva, Raigad, the same is clearly in breach of principles of natural justice as the petitioners were not served with the advance intimation of hearing and third letter of intimation when reached intimating the date of hearing in terms of proviso to section 122A of the 2 wp-5670.10 Customs Act, 1962, a prayer for adjournment was made by the petitioners which was also declined. 3. A statement was made by the petitioners in their affidavit dated 9th August, 2010 to the effect that in order to show bonafides, without prejudice to their rights and contention, they would undertake to deposit further amount of Rs.75 lakh. The said statement was accepted vide order dated 16th August, 2010. Accordingly, the petitioners have deposited Rs.75 lakh with the Revenue. 4. Considering the impugned order, it is clear that it is in breach of principles of natural justice. Looking to the consensus between the parties, without examining merits or demerits of the impugned order, the said order is set aside. Matter is remitted back to the authority-in- original for consideration afresh. Petitioners make statement that they would appear before the authority-in- original on 11th October, 2010. Longer time to appear is granted to the petitioners since they are desirous of approaching to the Settlement Commission to settle their disputes. All rival contentions on merits are kept open. 5. Petition is disposed of in terms of this order with no order as to costs. (R.M.SAVANT, J.) (V.C.DAGA J.)