2013 (12) TMI 822

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....perintendent (AR), for the Respondent. ORDER This application filed by the appellant is for restoration of appeal No. C/796/2007 which was dismissed for want of clearance from the empowered Committee of Secretaries vide Final Order Nos. 532 to 538/2008 dated 30-4-2008. Moving this application, the learned counsel for the appellant submits that there is no requirement of production of any suc....

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....12-2007 against order-in-appeal dated 4-9-2007 of the Commissioner (Appeals). It appears, the appellant was given reasonable opportunity to produce clearance from the Committee on Disputes in terms of the Hon'ble Supreme Court's judgment in ONGC case [1992 (61) E.L.T. 3 (S.C.)] as clarified in 1994 (70) E.L.T. 45 (S.C.)]. Ultimately, their appeal came to be dismissed along with a few other appeals....

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....n was not satisfactorily explained by the appellant to the Tribunal. It has been argued by the learned counsel that the 1992 and 1994 judgments in ONGC case were recalled by the Hon'ble Supreme Court, the order of this Bench dismissing the appeal for want of clearance from the Committee on Disputes cannot held good and, therefore, the appeal should be restored for disposal on merits. In other word....