2008 (2) TMI 715

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....i G. Shiva Dass, Advocate, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. - This RoM application has been filed against the Tribunal's Final Order Nos. 593 & 594/2007 dated 21-5-2007 [2007 (217) E.L.T. 392 (T)]. 2. The brief facts are as follows :- The Commissioner of Customs & Central Excise, Hyderabad-II Commissionerate appealed to this Bench against the Order-in-....

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....wo departmental Officers viz. Shri Rajiv Kumar Agarwal and Shri P. Srinivas were figuring as respondents. There is no mention of the other two respondents viz. (i) Shri Srikant Dev, Inspector and (ii) Shri N. Mohd. Sadiq, Inspector. It has been urged that the issue involved is common and the Reviewing Authority had given a Revision Order and filing of appeal is a matter of procedure and it would b....

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.... two appeals have been filed and disposed by the Tribunal where totally 8 appeals should have been filed, Application for RoM should include names of other respondents is not sustainable. 4. On a careful consideration of the issue, we find that the Revenue has filed two appeals against two Order-in-Original. However, in the Final Order, the Order-in-Original No. 12/2004-Cus. dated 31-3-200....

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.... The respondents Shri Srikant Dev and Shri N. Mohd. Sadiq did not file any cross-objections. They were not represented in the Tribunal by anybody even though the notices were issued to them. However, the Revenue's appeal was dismissed in view of the legal provisions under Section 155 which is applicable to the above mentioned officers also. The following paragraph may be added after the last pa....