1989 (7) TMI 230

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....D.C. Mandal, Member (T)].  - By this application the applicant has requested for "rectification of mistake apparent on the order, referred to above," on the following grounds :- "(i) Because the order does not refer the judgment of Hon'ble High Court of Delhi, although cited at the time of hearing; (ii) That the impugned order, is in direct conflict with the decisions/judgments of va....

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....ers v. Khalil Kecherim of Teheran and 1988 (37) E.L.T. 411 (Tribunal) in the case of Mrs. Mohini Arjundas Mansukhani v. Collector of Customs and Central Excise, but the Tribunal did not mention the same in the impugned order. Shri Singh further argued that the Tribunal did not follow the Larger Bench decision. This was also an error. Miss Mann argued that the ROM application was worded in a genera....

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....11 (Tribunal) was also not cited during the hearing of the appeal. (ii) Ground No. (ii) of the ROM application does not specify which decisions/judgments of "various statutory authorities and Hon'ble Courts in India" are contrary to the impugned order. During the hearing of the appeal the counsel for the appellant cited one order of the Tribunal, viz., Order No. 409/87-NRB dated 8-7-1987 in sup....

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....h of the impugned order and I do not find any informity in my findings and conclusions therein. (iv) Ground No. (v) of the application does not specify as to which decision of the Larger Bench has been over-ruled by the impugned order. Even at the time of hearing of the ROM application Shri Singh has not cited the specific decision of the Larger Bench. (v) Ground No. (vi) of the application ....