IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.256 OF 2007 Commissioner of Central Excise, Mumbai - III ..Appellant. V/s. M/s.Biochem Pharmaceuticals Inds., ..Respondent. Mr.R.V. Desai with Mr.A.D. Kango for the Appellant. Mr.Jitu Motwani i/by PDS Legal for the Respondent. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 6TH AUGUST, 2008 P.C. : 1. This appeal is entertained as common appeal against common order passed by the tribunal. By consent of the parties, the order passed by the Commissioner (Appeals) and the order passed by the Original Authority are set aside. The matter is remitted back to the Original Authority for denovo consideration and decision in accordance with law. 2. All contentions available to both the sides are kept open to be raised before the Original Authority. 3. The Appeal is disposed of. No costs. D.K. DESHMUKH, J. J.P. DEVADHAR, J.