1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1105 OF 2010 WITH NOTICE OF MOTION NO.335 OF 2010 AND NOTICE OF MOTION NO.352 OF 2010 M/s.Madanlal Mehra ..... Petitioners V/s. Union of India & Ors. ..... Respondents ---- Mr.Sushant Murthy i/by Naresh Thacker for the petitioners. Mr.Pradeep S.Jetley @ J.B.Mishra for the respondents. ---- CORAM : J.P.DEVADHAR & MRS.MRIDULA BHATKAR, JJ. DATE : 27/1/ 2011 P.C. 1. Heard. 2 This petition is filed to challenge the order in original dated 11.8.2009 passed by the Joint DGFT and the order passed in Appeal by the Additional DGFT on 1.4.2010 whereby penalty has been imposed upon the petitioners on the ground that petitioners have not furnished export documents either before the adjudicating authority or before the appellate 2 authority to show that the export obligation has been fulfilled. . Counsel for the petitioners tenders a pay order of Rs.13,74,276/- in favour of Commissioner, Customs (Export) towards the duty and interest which is payable by the petitioners to the extent of unfulfilled export obligation. Pay order is handed over to Mr.Upendra Singh Yadav, Examiner, DEFC. Since both, the order in original as well as appellate order have been passed ex-parte, both the orders are quashed and set aside and the matter is restored to the file of the Joint DGFT for deciding the matter afresh and in accordance with law. 2 In view of the disposal of the Writ petition, Notice of Motion No.335 of 2010 and Notice of Motion No.352 of 2010 have become infructuous and are disposed of accordingly. (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J)