2014 (5) TMI 902

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....64/2013/CSTB/C-1, dated 10-1-2013, the COD application was allowed. That time, the learned Counsel for the appellants submitted that the issue involved has already been decided by the Tribunal in the appellant's own case and therefore, early hearing be allowed. Accordingly the case was listed for final hearing on 28-3-2013. The case could not be heard on the said date and the matter was adjourned for hearing today. In the meanwhile, the appellant has submitted a letter dated 2-5-2013 seeking to adjourn the hearing on the ground that the person dealing with the matter has left the organization and they are in the process of locating certain relevant documents. Therefore, the Counsel for the appellant was asked whether he is ready to argue th....

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.... benefit of the said exemption. Aggrieved by the said decision, the appellant preferred an appeal before the lower appellate authority, who also rejected the appeal on the ground that the EPC contract entered into between the appellant and GICL is not the contract referred to in condition No. 40 and, therefore, the appellant did not fulfil the eligibility criteria stipulated in the notification. Hence, the appellant is before us. 4. The learned counsel for the appellant submits that in the applicant's own case in respect of an identical matter pertaining to another contract awarded by NHAI to M/s. Gorakhpur Infrastructure Co. Ltd., this Tribunal had considered the issue at length. In that case also, in the contract awarded, the appell....