2005 (9) TMI 379

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....T.K. Jayaraman, Member (T)]. - This ROM application filed by the appellants seeking for recall of the Final Order No. 1393/1996, dated 30-7-96. This application was originally heard and Miscellaneous order No. 339/2001, dated 11-10-2001 was passed by this Tribunal rejecting the ROM application. The applicants approached the Hon'ble Madras High Court and the High Court set aside the orders of the....

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....eals) allowed the appeal vide order dated 31-1-93. He held that in terms of the Certificate dated 13-8-91 signed by the Industries Commissioner and Director of Industries and Commerce, Madras, their installed capacity is within 66000 M.Ts. per annum/200 M.Tons per day. Further, Collector held that the Notification does not stipulate any condition that the appellants are prohibited from purchasing ....

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.... above Notification reads as follows :- "Provided that such cement is manufactured out of clinker produced within the same factory in which such cement is manufactured." A perusal of the Notification would show that there was a specific condition to the effect that such cement should be manufactured with the clinkers produced within the same factory in order to avail the benefit of Notification.....