Tribunal denies rectification application, emphasizes limits on review power

The Tribunal dismissed the appellant's application for rectification of mistake in its final order, citing that seeking to re-consider evidence and draw new findings amounts to impermissible review beyond its power. Referencing Supreme Court and High Court precedents, the Tribunal emphasized that rectification of mistake must involve obvious and patent errors, not debatable legal points. The Tribunal concluded that there was no apparent mistake warranting recall or modification of the order, rejecting the appellant's application based on established legal principles.

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Issues:
Rectification of mistake in Tribunal's final order.

Analysis:
The appellant filed ROM applications against the Tribunal's Final Order seeking rectification of mistake. The appellant argued that the Tribunal did not consider their submissions and case laws, leading to a mistake apparent on record. The appellant cited various case laws to support their argument. On the contrary, the respondent opposed the applications, stating that seeking to re-appreciate the findings amounts to a review of the order, which is impermissible. The respondent also presented case laws to support their stance.

Upon considering both sides' submissions, the Tribunal noted that seeking to reconsider citations and draw findings amounts to reviewing the order, which is beyond the Tribunal's power. The Tribunal referenced High Courts and Supreme Court case laws to support its decision. The Tribunal highlighted the Supreme Court's stance that re-appreciation of evidence cannot be considered as rectification of mistake. The Tribunal also referenced a Madras High Court case regarding the powers of the Tribunal to recall orders. The Tribunal emphasized that a mistake apparent on record must be obvious and patent, not a debatable point of law.

In conclusion, the Tribunal found no apparent and manifest mistake in its final order to warrant the exercise of powers to recall or modify the order. Citing the decisions of the Apex Court and High Court, the Tribunal rejected the appellant's misc. application for rectification of mistake. The operative part of the order was pronounced in open court on a specific date.

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