AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2721 OF 2008 M/s. Texport Syndicate India Ltd. .... Petitioner Vs. Union of India & Ors. ..... Respondents Mr. Jimmy Pochkanwala, senior advocate with Mr. G.R. Kinkhabwala, Ms. Sonali Jain and Mr. Mehur Shah i/b Arvind Shah for the petitioner. Mr. Y.R. Mishra for the respondents. CORAM : SMT. RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 27TH JANUARY, 2009. P.C. :- 1. Learned counsel for the parties are agreed that the issue raised in this petition is covered by judgment and order dated 8/10/2008 passed by the Division Bench of this court to which one of us (J.P. Devadhar, J.) was a party in FERA Appeal No.53 of 2008 along with Civil Application No.3510 of 2008 in the case of Rajesh Mhatre v. The Special Director, Directorate of Enforcement, Mumbai & Ors., which was followed by us in FEMA AJN 2 Appeal No.5 of 2008. In view of this, order of the Tribunal is set aside and the matter is remanded to the Tribunal to decide it independently and in accordance with law having regard to the judgments mentioned hereinabove. 2. The Tribunal shall consider the matter afresh within a period of six weeks from the date of receipt of this order by it. 3. We make it clear that we have not touched the merits of the case and as to whether the delay should be condoned or not should be decided by the Tribunal independently and in accordance with law. 4. Writ petition is disposed of in the above terms with no order as to costs. [SMT. RANJANA DESAI, J.] [J.P. DEVADHAR, J.]