:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.194 OF 2008 PETITION NO.194 OF 2008 PETITION NO.194 OF 2008 Kishore Manilal Shah ..Petitioner Vs. Union of India & Ors. ..Respondents Mr.S.U.Kamdar with Piyush Shah with V.S.Talkate for the Petitioner. Mr.K.R.Choudhari with Mr.Y.R.Mishra for the Respondents. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATE DATE DATE : 10TH APRIL, 2008 : 10TH APRIL, 2008 : 10TH APRIL, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondents. By this Petition, the Petitioner is challenging the order dated 22nd March,2007 as well as order dated 14th September,2007 passed by the Appellate Tribunal for Foreign Exchange. The learned Counsel for the Petitioner pointed out that both the orders are exparte and the Petitioner was not heard at all. Over and above, the learned Counsel for the Petitioner also brought to our notice that the Petitioner had filed an Application dated 3rd September,2007 for full waiver of pre-deposit in the above Appeal. The Appellate Tribunal for Foreign Exchange had not even considered the said application and in fact in paragraph 2 of its order dated 14th September,2007 it had remarked that the Application is not perused by the Tribunal. :2: 2. Under the aforesaid facts and circumstances of the case and in the larger interest of justice, as the Petitioner has not been heard at all and both the orders are exparte in nature, we quash and set aside the orders dated 22nd March,2007 as well as 14th September,2007 and direct the Appellate Tribunal for Foreign Exchange to decide the Application dated 3rd September,2007 filed by the Petitioner for full waiver of pre-deposit, after affording an opportunity of personal hearing to the Petitioner, in accordance with law on its own merits. The Writ Petition stands disposed of accordingly. (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)