Mistake apparent on record corrected as redemption fine and penalties were reduced to 10% under the final order.

A mistake apparent on record was corrected where the earlier operative portion wrongly stated that the impugned order was set aside and the appeals allowed. The correct majority view was that the redemption fine and penalties were to be reduced to 10% of the amounts imposed by the original adjudicating authority in each case. The rectification application was maintainable, and the final order was amended accordingly to reflect the reduced fine and penalties and dispose of the appeals on that basis.

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Issues: Whether the final order contained a mistake apparent on record warranting rectification, and whether the appeals were to be disposed of by reducing the redemption fine and penalties to 10% of the amounts imposed by the original adjudicating authority.

Analysis: The record showed that the earlier operative portion had incorrectly stated that the impugned order was set aside and the appeals were allowed. The correct position, based on the majority decision, was that the redemption fine and penalties were to be reduced to 10% of the amounts imposed by the original adjudicating authority in each case. The application was therefore maintainable and the earlier final order required correction.

Conclusion: The mistake apparent on record was rectified, and the final order was amended to provide for reduction of the redemption fine and penalties to 10% in each case, with the appeals disposed of accordingly.

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