1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Customs Appeal No. 19 of 2001 1 Commissioner of Customs (Preventive) and anr. ..Applicants vs. 1 M/s A & B. Fashions and othes ..Respondents Mr.R.V.Desai, Sr.Counsel with Mr.R.B.Pardeshi for applicants. Mr.H.R.Shetty for respondent nos.1 and 2 CORAM: V.C.DAGA AND K.K.TATED JJ 25th January,2010 P.C. 1 Heard the learned Senior Counsel appearing for the applicants and the learned Counsel appearing for the respondents. 2 It is brought to our notice that the very order impugned in the appeal was the subject matter of the writ petition preferred at the instance of Union of India bearing Writ Petition No.1388 of 2002 which was 2 dismissed by the order of the Division Bench of this Court vide its order dated 8th July 2003 holding that no substantial question of law warranting adjudication of the question of law involved. The aforesaid order of the Division Bench was carried in appeal which ultimately came to be dismissed. Since the impugned order has become final between the parties and will operate as resjudicata. No cause of action survives to proceed with the present appeal. Appeal is, therefore, dismissed for want of cause of action. No order as to costs. (K.K.TATED J.) (V.C.DAGA J.)