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2012 (6) TMI 423

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....al Member   1. Learned Sr. Advocate Shri J.F. Pochkhanawala appearing in support of Misc. Application filed by them submits that this matter was heard by the Bench consisting of learned Member (Judicial) Shri D.N. Panda and learned Member (Technical) Shri Sahab Singh on various dates. Elaborating further he submits that the matter was first heard on 27.7.11 and as it was treated as part hear....

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....rs were received by them in December, 2011, they filed the Misc. application on 6.1.12. However, the orders were not pronounced on 11.1.12, which was the date fixed for the said purpose.   3. Learned Sr. advocate submits that they did not hear anything subsequent to January, 2012 and all of a sudden notice of hearing listing the matter afresh was received by them on 19.3.12. He submits that ....

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....present Misc. application stands filed by them with a prayer to request the original Bench who heard the matter on number of days to pass order disposing the appeal finally. He also submits that a period of six months from the last date of conclusion of the argument has still not expired and in the interest of justice, the matter be referred back to the original Bench who heard the same and reserv....

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....n 6.1.12. It only stands submitted by them as under:   "Further the appellant desires to be personally represented before the Hon'ble Tribunal at any hearing in respect of this Misc. application."   6. As such, he submits that they have never made a request for grant of hearing in respect of said Misc. application and they only submitted that if hearing is fixed, they should be informe....