1 fera19-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FERA APPEAL NO.19 OF 2010 Surendra C. Sheth ..Appellant. V/s. Union of India & Ors. ..Respondents. Mr. T.V. Shah for appellant. Ms. S.I. Shah for respondents. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 26TH NOVEMBER, 2010 P.C. :- 1. The grievance of the appellant in this appeal is that that the impugned order dated 02/07/2009 has been passed by the Appellate Tribunal for Foreign Exchange without giving a personal hearing to the appellant. It is the case of the appellant that he was not intimated that the hearing of the appeal has been fixed on 22/04/2009 and thereafter on 02/07/2009 and the impugned order has been passed in breach of principles of natural justice. In spite of several adjournments, counsel for the respondents is not in a position to file an affidavit stating as to whether any notice was issued to the appellant regarding the date of 2 fera19-10 hearing before the Appellate Tribunal or not. In these circumstances, the impugned order dated 02/07/2009 is quashed and set aside and the matter is remanded back to the Appellate Tribunal for Foreign Exchange for decision afresh and in accordance with law. 2. The notice regarding the fresh date of hearing of the appeal that may be fixed by the Appellate Tribunal be forwarded to the Advocate for the appellant herein, who has agreed to accept the service on behalf of the appellant. 3. Appeal is disposed of accordingly with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)