JUDGMENT : Anil R. Dave, J. 1. Heard the learned counsel for the parties. 2. Leave granted. 3. In view of the law laid down in Civil Appeal No.2429 of 2015 (Union of India and Ors. vs. Gurmeet Kalra), in our opinion this matter deserves to be remanded to the High Court. 4. In the facts and circumstances of the case, the impugned order is set aside and the appeal is allowed. The matter is remanded to the High Court for a fresh decision on its merits in accordance with law. 5. Parties shall appear before the High Court for further proceedings on 11th January, 2016. 6. Pending applications stand disposed of. 7. There shall be no order as to costs.