bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.7 OF 2010 M/s.Cummins Generator Technologies India Ltd. ..Appellant Vs. Commissioner of Central Excise ..Respondent Mr.M.H.Patil for appellant. Mr.P.S.Jately with Mr.J.B.Mishra for respondent. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 8TH FEBRUARY,2010 P.C. Heard. Perused appeal. 2. This appeal is directed against the order of the CESTAT dated 30th March, 2009. 3. The sole contention canvassed by learned Counsel for the appellant is that the contentions raised by the appellant and respondent in paragraph No.3 of the impugned order has not been considered by the Tribunal. No finding thereon is to be found. Mr.Jately, Learned Counsel for the Revenue also found it difficult to trace finding on the said issue in the impugned order. 3. Having heard both parties, considering the consensus between them, without examining the merits and demerits of the impugned order and the issues involved therein, dispensing with the reasons in support of this order, the impugned order is set aside. The appeal is remanded back to the Tribunal for consideration afresh in accordance with law in the light of the observations hereinabove. 4. The appeal is accordingly allowed and restored to the file of the Tribunal. Matter is remanded back to the Tribunal for consideration afresh with expeditious dispatch preferably within four weeks from the date of receipt copy of this order. No order as to costs. (K.K.TATED,J.) (V.C.DAGA,J.)