IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2841 OF 2008 WRIT PETITION NO.2841 OF 2008 WRIT PETITION NO.2841 OF 2008 Medley Pharmaceuticals Ltd.& Anr. .. Petitioner Vs. Union of India & Ors. .. Respondents Mr.Manoj Sankhalecha with Mr.S.P.Bharti for the Petitioners. Mr.R.Asokan for the Respondents. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. DATE : 20th June, 2008 DATE : 20th June, 2008 DATE : 20th June, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. Rule is made returnable forthwith. The learned Counsel for the Respondents waives service. By consent, Petition is taken up for hearing. 2. By this petition, the Petitioners are challenging an order passed by the Commissioner of Central Excise & Customs, Daman (which was communicated by the Asstt.Commissioner on 22.01.2007), rejecting the Petitioner’s request for remission of duty amounting Rs.10,45,471.21 on the ground that the Petitioners had not fulfilled the conditions of Commissionerate’s Trade Notice No.16/2005 dated 16.6.2005. 3. The learned Counsel for the Petitioners has pointed out that the above order has been passed by the Commissioner of Central Excise & Customs, Daman without any opportunity of hearing to the Petitioners at all. The Petitioners were totally kept in dark. The learned Counsel for the Petitioners therefore seeks only a limited relief that the Petitioners be afforded a fair opportunity of hearing and thereafter the Commissioner of Central Excise & Customs, Daman, may pass an appropriate order. 4. Mr.Asokan, the learned Counsel for the Respondents is unable to point out as to on what date exactly the notice was given to the Petitioners and the Petitioners remain absent. 5. Having regard to the aforesaid facts and circumstances of the case, the impugned order passed by the Commissioner of Central Excise & Customs, Daman (which was communicated by the Asstt.Commissioner on 22.01.2007) is quashed and set aside only on the limited ground that the Petitioners were not afforded a fair opportunity of hearing. The matter is remanded back to the Commissioner of Central Excise & Customs, Daman for fresh hearing. 6. Needless to state that the Commissioner of Central Excise & Customs, Daman is entitled to give fresh notice of hearing to the Petitioners and thereafter pass a fresh order after affording a personal hearing to the Petitioners. 7. Petition is disposed of in the above terms. (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)