2012 (12) TMI 42

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....sh Haavanur, AR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application filed by the appellant seeks restoration of their appeal which happened to be dismissed vide  Final Order No. 862/2010 dated 17-5-2010 for want of clearance from the Committee of Secretaries. Moving this application, the learned counsel for the appellant submits that the Committee declined per....

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....rtment vide CCE, Raigad v. ONGC Corporation Ltd. [2011 (271) E.L.T. 576 (Tri.-Mum)]. Per contra, the learned Addl. Commissioner (AR) refers to an order passed by another coordinate Bench vide BHEL v. CCE, Bhopal [2010 (254) E.L.T. 527 (Tri.-Delhi)] wherein application of the appellant (BHEL) to recall the Tribunal's order of dismissal of appeal for want of clearance from the Committee was rejected....

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.... the CESTAT came to be done away with in the judgment passed by the Apex Court in the case of ECIL (supra). In that judgment, the earlier judgments which had required PSUs to obtain such permission were recalled. The effect of the recall of the earlier judgments was considered by a Bench of this Tribunal in the case of ONGC Ltd. (supra). On a perusal of the order passed in ONGC case, we find that ....