1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1633 OF 2009 Commissioner of Customs (General) .. Petitioner V/s Cannon Shipping Co. Pvt. Ltd. .. Respondent Mr. A.S. Rao for the petitioner. None for the respondent. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 1ST SEPTEMBER 2009 P.C. : 1. The petitioner has approached this Court against the order dated 23rd January 2009 whereby the appeal preferred by the petitioner herein has been dismissed on the ground that the authority who signed the appeal memo was not authorised. Signing of appeal memo by a person who is not authorised, at the highest, would amount to an irregularity and not illegality. 2. In these circumstances, the proper person should have been alowed to cure the defect. It is always open to the Tribunal to grant such a prayer. To that extent, really speaking, the impugned order of the Tribunal would require to be set aside in the normal course. 2 3. In the instant case, however, we do not propose to set aside the order on that count. The issue is whether an appeal itself lay before the Commissioner of Appeal who has allowed the appeal against which the appeal was preferred before the Tribunal. In A.S. Vasan & Sons . Union of India, 2009 (238) ELT 217 (Bom), in a case of rejection of renewal of licence we have taken a view that no appeal is maintainable under the provisions of law. Considering that, no purpose would be served by restoring the said appeal. 4. It will always be open to the petitioner, if aggrieved by the order of the Commissioner, to assail the order before this Court in the exercise of its extraordinary jurisdiction. 5. With the above observation, the petition is disposed of. (D.G. KARNIK, J.) (F.I. REBELLO, J.)