((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.221 OF 2008 Union of India and others Petitioners versus D.S.Wadke Respondent WITH WRIT PETITION NO.222 OF 2008 Union of India and others Petitioners versus G.D.Kharat Respondent WITH WRIT PETITION NO.223 OF 2008 Union of India and others Petitioners versus Rajesh Mohan Dabhade Respondent WITH WRIT PETITION NO.224 OF 2008 Union of India and others Petitioners versus N.G.Kadam Respondent WITH WRIT PETITION NO.225 OF 2008 Union of India and others Petitioners versus Ajit Y. Kamble Respondent WITH WRIT PETITION NO.226 OF 2008 Union of India and others Petitioners versus Manoj Mahida Respondent WITH WRIT PETITION NO.227 OF 2008 ((-2-)) Union of India and others Petitioners versus R.K.Marke Respondent WITH WRIT PETITION NO.228 OF 2008 Union of India and others Petitioners versus N.K.Jha Respondent WITH WRIT PETITION NO.229 OF 2008 Union of India and others Petitioners versus R.O.Sharma Respondent Mr.Ravi Shetty with Smt.Heena P. Shah for petitioners. Mr.Ramesh Ramamurthy for respondents. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 10th October 2008 PC : 1. Rule in all these petitions. Heard forthwith. 2. In the absence of applicant before it, the learned Tribunal was pleased by its impugned order to allow the original application on the ground that before passing of the order of 1st December 2006 the respondents were not heard. Once it came to that conclusion, necessary corollary would have been to send the matter ((-3-)) back to the same authority for reconsideration. 3. In the light of above, the impugned order is set aside. The matter is remitted back to the Commissioner of Customs in order to enable the petitioners to put up their case and thereafter to pass appropriate orders according to law. 4. Considering the above, the respondent no.2 to issue show cause notice to the respondents in respect of the order dated 21st September 2006 and after getting the response of the respondents, pass appropriate orders in accordance with law. 5. Rule is made absolute accordingly with no order as to costs. 6. We make it clear that we have not decided any controversy and all issues are kept open for consideration. (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.)