2005 (12) TMI 318

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...., for the Appellant. Shri H.C. Verma, DR, for the Respondent. [Order per : Justice R.K. Abichandani, President]. - The applicant seeks restoration of the appeals on the ground that there was some confusion in the mind of the learned counsel in respect of the date which was fixed for the hearing of the appeals. As stated in paragraph 4 of the application, the appeals were listed for final ....

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....wever, in the detailed typed order which was passed on that day, this was typed as a direction to deposit a sum of Rs. 5 lacs towards duty and Rs. 5 lacs towards penalty. Against that order, a writ petition was filed before the High Court which came to be dismissed. The Tribunal by its order dated 20-1-2000 observing that the High Court had allowed six weeks from 1-11-1999 to the appellants for ma....

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....een placed before the Bench comprising of the Members of the original Bench, in view of the original note sheet which appears to have been written in hand of one of the Members. The learned counsel for the applicants state that he has no objection if the ROM application is placed before the Bench comprising the Member who is still in service (now the Vice-President, Mumbai) for its reconsideration....