2009 (4) TMI 763

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....t. [Order]. - P.C. : Rule . 2. Heard forthwith. The Tribunal had directed the petitioners herein to deposit an amount as a condition for hearing the appeal. Appeal came for hearing on 27th January, 2009 by which date the amount was not deposited. 3. Petitioners on 22nd January, 2009 moved an application for modification of the interim order dated 14-11-2008 for the reasons set out in ....

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....It was open for the Tribunal to have called application for modification filed on 22nd January, 2009 and heard it along with the appeal and passed the order in the application before disposing off the appeal. This has not been done. This amounts to an error of law and consequently, the impugned order dated 27th January, 2009 is liable to be set aside. Hence, the following order : (i)  &....