1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2485 OF 2005 M/s.Mangal Rich Linens Pvt.Ltd. .. Petitioner. V/s. Union of India & Others .. Respondents. Mr.Vikram Nankani i/b. Mr.Madhur Baya for the petitioner. Mr.P.S. Jetly with Mr.C.J. Joy for the respondents. CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 27TH FEBRUARY, 2006. DATED : 27TH FEBRUARY, 2006. DATED : 27TH FEBRUARY, 2006. P.C. : 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. By this petition, the petitioner is challenging the order of the Settlement Commission : Customs & Central Excise dated 11th July, 2005. 3. However, it appears that subsequent to the aforesaid order of the Settlement Commission, the Zonal Director General of Foreign Trade has passed an order-in-original dated 16th August, 2005 in favour of the petitioner holding that the petitioner is entitled to the DEPB as well as Draw Back. In the light of the order-in-original, we are of the view 2 that the Settlement Commission has to consider the application of the petitiner afresh. 4. Under the aforesaid facts and circumstances, we quash and set aside the order of the Settlement Commission and remand the matter back to consider the entire matter afresh. 5. Needless to mention that the Settlement Commission shall decide the entire matter without being influenced by its earlier order dated 11th July, 2005. 6. The writ petition stands disposed of in above terms with no order as to costs. (DR.S. RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.)