1 fera18-09+1 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FERA APPEAL NO.18 OF 2009 Awin Exim Co. Ltd. ..Appellant. V/s. Union of India & Ors. ..Respondents. WITH FERA APPEAL (LOD) NO.22643 OF 2008 Satish Choudhory ..Appellant. V/s. Union of India & Ors. ..Respondents. Mr. Prakash Shah i/b. Uday Warunjikar for appellant in both appeals. Mrs.S.V.Bharucha with Rajendra Kumar for respondents in both appeals. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ. DATED : 7TH JANUARY, 2011 P.C. :- 1. These appeals are filed against the order passed by the Appellate Tribunal for Foreign Exchange dated 16/01/2008 whereby the appeals filed by the appellants were dismissed. In the present case, by ex-parte order in original dated 25/06/2004, the adjudicating authority 2 fera18-09+1 had imposed penalty of Rs.10 lakhs each on the appellants. The grievance of the appellants is that the hearing of the proceeding before the adjudicating authority was fixed on 13/02/2004 and when the appellants approached the authority on 11/02/2004 for adjournment of the hearing fixed on 13/02/2004, the adjudicating authority preponed the hearing to 12/02/2004 and disposed off the matters by an ex-parte order. The grievance of the appellants is that no intimation was given about the preponement of the hearing and, therefore, the order was passed in breach of the principles of natural justice. 2. Counsel for the revenue is unable to dispute the argument of the appellants that no intimation was given regarding the preponing of the hearing of the adjudication proceedings. In this view of the matter, since the adjudication order dated 25/06/2004 is passed in breach of principles of natural justice, the orders impugned in the appeals are quashed and set aside and the matters are restored to the file of the adjudicating authority for deciding the proceedings afresh and in accordance with law. 3. Both the appeals are disposed of accordingly with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)