1 fera34-10++ sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FERA APPEAL NO.34 OF 2010 Shri Niranjan A. Shah ..Appellant. V/s. Union of India & Ors. ..Respondents. WITH FERA APPEAL (ST) NO.9828 OF 2010 M/s. N. Kumar Diamond Exports Ltd. ..Appellant. V/s. Union of India & Ors. ..Respondents. WITH FERA APPEAL (ST) NO.9832 OF 2010 Mr. Amit C. Shah ..Appellant. V/s. Union of India & Anr. ..Respondents. WITH FERA APPEAL (ST) NO.9835 OF 2010 Mr. Niranjan A. Shah ..Appellant. V/s. Union of India & Anr. ..Respondents. WITH FERA APPEAL (ST) NO.9839 OF 2010 Sumit N. Shah ..Appellant. V/s. Union of India & Anr. ..Respondents. WITH FERA APPEAL (ST) NO.9841 OF 2010 Mr. Bhupen C. Shah ..Appellant. V/s. Union of India & Anr. ..Respondents. Mr. Pradeep S. Jetly with T.V. Shah & Ms. M.K. Vyas for appellant. Mrs. S.V. Bharucha for respondents. 2 fera34-10++ CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 26TH NOVEMBER, 2010 P.C. :- 1. Heard learned counsel for the parties. The grievance of the appellants in these appeals is that when the appellants came to know that the hearing of the appeals before the Appellate Tribunal have been fixed for hearing on 11/01/2010, the appellants by their letter dated 07/01/2010 sought short adjournment, however, the Tribunal declined to grant adjournment and proceeded to dispose of the appeals ex-parte. The grievance of the appellants is that the ex-parte order passed without hearing the appellants has seriously prejudiced the interests of the appellants. In our opinion, since the appeals have been disposed of by the Tribunal on the first date of hearing in spite of a reasonable request for adjournment, in the interest of justice, it would be just and proper to quash and set aside the impugned order and direct the Tribunal to pass fresh order in accordance with law. Accordingly, the impugned order dated 08/01/2010 is quashed and set aside and the appeals filed by the appellants are restored to the file of the Appellate Tribunal for Foreign Exchange for decision afresh and in accordance with law. 2. All the appeals are disposed off accordingly with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)