2009 (5) TMI 707

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....SDR, for the Appellant. None, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. - Heard the learned SDR. None present for the original appellant. 2. By the present application, the Commissioner of Central Excise is seeking rectification of the alleged mistake in the order dated 12-7-2005/12-8-2005 in appeal Nos. 1873, 1874, 1875, 1876 & 1877 of 2002 ....

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.... empowers the Tribunal to rectify any mistake apparent from record, if such mistake is brought to the notice of the Tribunal within six months. Therefore, the application which has been filed beyond a period of six months would not be entertainable. However, the contention of the learned SDR is that the Department had approached the Hon'ble High Court of Bombay by way of Central Excise Appeal No. ....

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.... 35(C)(2) and as the application has been filed accordingly, within six month from the date of the order of the Hon'ble High Court, the same should be treated as having filed as per the direction for Tribunal to admit the application for rectification of alleged mistake. 5. We are of the view that the contention is without any substance. The order of the Hon'ble High Court does not grant l....