Committee on Disputes clearance waiver did not revive appeal after express refusal of permission; restoration rejected.

An appeal dismissed for want of Committee on Disputes clearance was sought to be restored after the Supreme Court later waived that requirement in Electronics Corporation of India. The Tribunal noted that the Committee had already considered the matter and expressly refused permission to pursue the appeal remedy. It distinguished cases where clearance applications were still pending from cases where permission had already been declined, and held that the later waiver did not justify restoration in these circumstances. The restoration application was therefore rejected.

---

---

Issues: Whether the appeal dismissed for want of Committee on Disputes clearance could be restored after the subsequent waiver of that requirement, where the Committee had already considered the matter and refused permission to pursue the appeal remedy.

Analysis: The application for restoration was based on the later waiver of the clearance requirement by the Supreme Court in Electronics Corporation of India. The Tribunal noted, however, that the Committee on Disputes had already taken up the matter and had expressly refused permission to pursue the appeal remedy. The Larger Bench ruling relied upon distinguished cases where the application was still pending from cases where the Committee had already refused permission.

Conclusion: Restoration of the appeal was not warranted and the application was rejected.

---