2008 (3) TMI 527

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....nt. Shri B.L. Meena, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - There are two applications before us, both by the appellants, one for restoration of the captioned appeal and the other for correction of a mistake in the cause-title of our Final Order No. 1475/2007 dated 11-12-2007 whereby the appeal was dismissed. 2. After examining the records and hearing bo....

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....amenting that they had committed a blunder by seeking to withdraw the appeal. It is said that they were mindless of the consequences of withdrawal of the appeal. Learned counsel for the appellants has cited certain decisions in support of his submission that, in the aforesaid circumstances, this Tribunal has inherent jurisdiction to restore the appeal by recalling the final order. The said decisio....

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....icable to the facts of the present case. It is his case that it would be an abuse of the process of this Tribunal to allow the present application. 3. After giving careful consideration to the submissions, we are inclined to accept the proposition that, if this Tribunal has power to allow an application for withdrawal of appeal, it also has the power to allow, on sufficient grounds, an app....