2009 (11) TMI 234

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.... Raghuvanshi, Counsels, for the Respondent. [Order].- Supplementary affidavit filed today, may be taken on record. 2. The present appeal has been filed under Section 35G of the Central Excise Act, 1944 against the order dated 9-4-2007 whereby the application filed by the present appellant for rectification of the earlier order passed by the said Tribunal has been dismissed. 3. In the memo....

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....is justified in applying the ratio of the judgment of the Hon'ble Supreme Court of India in the facts and circumstances of the instant case? 4. Heard Shri A.P. Mathur, learned counsel for the appellants and Shri Subodh Kumar, learned counsel for the respondent. 5. It is not in dispute that appeal was decided by the Tribunal and the judgment was dictated in the presence of the learned counsel....