2009 (5) TMI 659

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.... It was explained that after their Appeal was dismissed by this Tribunal, they had filed an appeal with the Hon'ble Bombay High Court had the delay had occurred for that reason. The High Court had allowed them to withdraw their Appeal with liberty to approach the Tribunal. There was, however, no delay in filing the ROM after the receipt of the High Court Order. 2. The learned JDR argued that although the ROM Application was filed more than 1 year and 3 months and 16 days after the Tribunal's order of 13-4-2006 (received on 22-1-2007), the delay could be condoned by the Tribunal as it had inherent power to do so. He referred to a Judgment of the Hon'ble Supreme Court in the case Sunitadevi Singhania Hospital Trust v. Union of India [....

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....nbsp;      Commissioner of C. Ex., Chennai v. T.I. Metal Sections - 2006 (204) E.L.T. 349 (Tri.-Chennai) = 2006 (4) S.T.R. 517 (Tribunal) *       Commissioner of C. Ex,. Thane-I v. Mohammed Hussain Abdul Sattar - 2008 (228) E.L.T. 416 (Tri.-Mumbai) *       APS Associates Pvt. Ltd. v. Commissioner of C. Ex., Chandigarh - 2005 (188) E.L.T. 83 (Tri.-Delhi) 3.1 He also relied upon the Judgment of Madras High Court in the case of Sri Shanmuga Bleaching Works v. Registrar, CESTAT, New Delhi [2006 (194) E.L.T. 151 (Mad.)] in which the High Court did not find any infirmity in the Order of the Tribunal rejecting the ROM application on the ground of lim....

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.... facts in relation to the aggrieved Appellants were totally distinct warranting different conclusions. Referring to the said Judgment, he drew particular attention to the remarks of the Supreme Court that they did not wish to lay down a law that a ROM application could be filed at any time. He pointed out that in that case the matter had been remanded earlier by the Supreme Court to the Tribunal with specific directions, which had not been followed. Hence, the facts in this case were exceptional and could not be applied to the present case before the Tribunal. 3.4 Referring to the High Court order, he stated there were no directions given to the Tribunal to condone the delay in filing the ROM. Hence, the Tribunal was bound to follow....