Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.33 OF 2009 The Commissioner of Central Excise, ..Appellant Vs. M/s.Ved Textiles Pvt. Ltd...Respondent Ms. S.I. Shah, for the Appellant. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 17TH JUNE, 2009 P.C. 1. From the order of the Tribunal we find that the issue of unjust enrichment was decided by the earlier order of the Tribunal dated 5th July, 2007. The matter was in remand in which the issue was not before the Tribunal. 2. Considering that the Appeal before the Commissioner was limited to what was before him and the issue of unjust enrichment has already been decided by the Tribunal by the earlier order which order has not been challenged, in our opinion, the question of law as raised would not arise. Hence Appeal dismissed. (J.H. BHATIA, J.) (F.I. REBELLO,J.)