AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2884 OF 2008 Bhagyanagar Solvent Extractions (P) Limited ..Petitioner V/s. The Union of India & Others ..Respondents Mr.V. Sridharan i/by PDS Legal for the petitioner. Mr.R.V. Desai with Mr.L.S. Shetty & Mr.M.S. Bharadwaj for the respondents. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 22ND OCTOBER, 2008. P.C. : 1. Rule, returnable forthwith. Heard finally by consent of parties. 2. By consent of parties, order passed by the Appellate Authority and the order passed by the tribunal are quashed and set aside. The proceedings are remitted back to the Assistant Commissioner / Deputy Commissioner of Customs. The petitioner shall appear before the Assistant Commissioner / Deputy Commissioner of Customs on 17-11-2008. The petitioner on that day shall remain present before the Officer and file affidavit / submissions / documents, on which the petitioner wants to rely on. The officer may hear the petitioner on the same day i.e. 17-11-2008 or the Officer may fix a date of hearing and hear the petitioner on that day. The Deputy Commissioner / Assistant Commissioner, Customs shall thereafter make a fresh assessment order in accordance with law. 3. All remedies that may be available to the petitioner against the order of the Assistant Commissioner / Deputy Commissioner of Customs shall be open to the petitioner after the order is made. 4. Rule is made absolute accordingly. No costs. D.K. DESHMUKH, J. J.P. DEVADHAR, J.