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Tribunal Orders Fresh Hearing for Rectification of Mistake in Appeals The Tribunal acknowledged a mistake in not considering all contentions in the final order and decided to rectify it. Due to retired Members who initially ...
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Tribunal Orders Fresh Hearing for Rectification of Mistake in Appeals
The Tribunal acknowledged a mistake in not considering all contentions in the final order and decided to rectify it. Due to retired Members who initially heard the appeals, the Tribunal referred to a High Court decision and ordered a fresh hearing in the interest of justice. The applications for Rectification of Mistake were allowed, and both appeals were scheduled for final disposal.
Issues: Rectification of Mistake in Tribunal's Order
Analysis: The case involved the applicant filing applications for Rectification of Mistake in the order passed by the Tribunal. The applicant argued that although the matter was heard, the final order did not consider all the contentions presented during the hearing. The applicant claimed that there was a mistake apparent on record and requested a fresh hearing since the Members who initially heard the appeals had retired.
On the other hand, the respondent opposed the applicant's contention, stating that all arguments were duly recorded in the order issued by the Tribunal. The respondent argued that re-hearing the matter would amount to reviewing the Tribunal's order, which is impermissible in law.
After hearing both parties and reviewing the written submissions and arguments, the Tribunal found that some contentions had indeed not been considered in the final order. Due to this, the Tribunal acknowledged a mistake apparent on record and decided to rectify it. Additionally, considering that the Members who initially heard the appeals had retired, the Tribunal referred to a decision by the Hon'ble High Court of Bombay and deemed it in the interest of justice to relist the matter for a fresh hearing. Consequently, the Tribunal allowed the applications for Rectification of Mistake and directed the registry to schedule both appeals for final disposal in due course.
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