1993 (9) TMI 196

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....t. Shri M.K. Jain, SDR, for the Respondents. [Order per : S.K. Bhatnagar, Vice President]. -  This is an R.O.M. Application filed by the Department for rectification of the order of the Tribunal No. E/479/91-D, which was announced in the open court on 4-12-1991. 2. The learned Departmental Representative has submitted that this order was passed following the ratio of the similar o....

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....h as to what was the error apparent on the face of the record arising out of Tribunal's order, but merely cited Tribunal's order in the case of Dalmia Laminators reported in 1991 (56) E.L.T. 571. 5. The learned Counsel opposed the prayer. He said that there was no error apparent on the face of record which could be said to arise out of the Tribunal's order. The Tribunal's order itself is based ....

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....earned DR. The only point which has been emphasized is that a Supreme Court Order on the same issue had been pronounced just a day before the Tribunal's order and was not brought to the notice of the Bench by either side. But in that case, the mistake, if any, was on the part of the appellant or the respondent and the same could not be said to arise out of the order of the Tribunal. 10. Normall....

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.... arguable. But even if it was not and the Department felt that its ratio was applicable to the instant case, it was up to the DR to have brought it to the notice of the Bench and the Department's inability to do so in the circumstances noted above, could not be considered as a situation covered by Section 35C(2). 12. It is also noteworthy that the order in this case was a consent order inasmuch....