AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.73 OF 2008 The Commissioner of Customs (General) Appellant V/s. M/s.Interport Logistics Pvt.Ltd. Respondent Mr.P.S. Jetly i/by Mr.Suresh Kumar for the appellant. Mr.S.N. Kantawala i/by Munir Merchant for the respondent. CORAM : SMT.RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 21ST JANUARY, 2009 P.C. : 1. This appeal is filed against the order of CESTAT dated 4-7-2008. The tribunal has set aside the order dated 14-3-2008 passed by the Commissioner of Customs (General), Mumbai whereby the CHA licence of the appellant was suspended pending enquiry mainly on the ground that the DRI officials who had investigated the matter, had issued show cause notice to the exporter and others on 30-1-2008 but not to the appellant. Learned counsel for the parties agree that in fact show cause notice has been issued to the present appellant on 30-1-2008. In view of this, counsel on both sides agree that the impugned order be set aside and remanded for denovo hearing. 2. Accordingly, the impugned order is set aside. The matter is remanded to the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai with a direction to hear and decide the matter afresh after hearing both the sides. The tribunal shall dispose of the matter within a period of eight weeks from the date of receipt of copy of this order. 3. The customs appeal is accordingly disposed of. (Judge) (Judge)