1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4931 OF 2009 Baun Foundation Trust ... Petitioner Versus Central Board of Direct Taxes and Anr. ... Respondents Mr. S.C. Tiwari for Petitioner. Mr. Parag Vyas i/by Mr. P.S. Sahadevan for Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 22ND JUNE, 2009 P.C. Rule. Heard forthwith. On behalf of the Petitioner the learned counsel points out that earlier the Petitioners had been granted approval under section 35(1)(2) on two occasions. When the petitioners reapplied, their application has been rejected and that is why the present petition. The learned counsel draws our attention to another order of this court passed in similar circumstances namely W.P. No. 451 of 2009 in the case of Serum Institute of India Research Foundation Vs. C.B.D.T. And others decided on 16.2.2009 by another coordinate Bench of this Court. 2 Considering the facts as set out therein and what was in issue in W.P. No. 451 of 2009, in our opinion, ends of justice will be met if the impugned order is set aside and the matter is restored back for reconsideration by the prescribed authority according to law. The Petitioner had also raised issue of prescribed authority. That issue is left open for consideration at the time of passing the subsequent orders according to law. Rule made absolute accordingly. No order as to costs. (J.H. BHATIA,J.) (F.I. REBELLO,J.)