1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2534 OF 2010 Tuffware Industries ..... Petitioners V/s. The Commissioner of Central Excise, Thane-II & Ors. ..... Respondents ---- Mr.J.J.Thattil i/by Thattil & Co. for the petitioners. Mr.Pradeep S.Jetly for the respondents. ---- CORAM : J.P.DEVADHAR & MRS.MRIDULA BHATKAR, JJ. DATE : 2/2/ 2011 P.C. 1. Heard. 2 Admit. By consent, petition is taken up for final hearing. 3 The short question raised in this writ petition is Whether the Assistant Commissioner (Draw Back Central Excise) Thane was justified in rejecting the draw back claim in respect of the stainless steel utensil exported by the petitioners. The grievance of the petitioners is that in respect of the similar export, draw back claim of the petitioners was allowed by order dated 11.5.2009 (Exh.F) to the petition. This fact was 2 brought to the notice of the Assistant Commissioner. However, the same has not been considered. 4 In this view of the matter, impugned order dated 26.11.2008 is quashed and set aside and the matter is restored to the file of the Assistant Commissioner, Central Excise, Thane for passing a fresh order in accordance with law. Rule made absolute in the above terms with no order as to costs. (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J)