1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4242/2008 Commissioner of Customs (General) Petitioner Vs. Murali S.Nair Respondent Mr.Sureshkumar i/b Mr.R.C.Master for the Petitioner Mr.Sandeep Marne for the respondent CORAM : V.C.Daga,& Mrs.Mridula Bhatkar,JJ. Date : 3rd March,2009. P.C. . Heard learned counsel for the petitioner. 1] Perused the petition. 2] The learned counsel appearing for the petitioner submits that one circular dated 5/6/1998 has not been taken in to account by the Tribunal while deciding O.A.. He submits that the view taken by the Tribunal cannot be sustained if the said circular is considered. We, prima facie, found substance in the submission made. 3] During the course of hearing ,both the parties agreed that, without examining the merits or demerits of the impugned order, it be set aside and the matter be remitted back to the Tribunal for consideration afresh in the light of Circular dated 5/6/1998. 2 4] In the result we set aside the impugned order by consent of parties and remit the matter to the Tribunal. Needless to mention that all rival contentions on merits are kept open. The Tribunal is expected to dispose of the matter expeditiously at any rate within three months from the receipt of copy of this order by a reasoned order following principles of natural justice. 5] The petition stands disposed of in terms of this order with no order as to costs. (Mrs.Mridula Bhatkar,J.) (V.C.Daga,J.)