2014 (8) TMI 586

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....ellant. Ms. Sabrina Cano, Superintendent (AR), for the Respondent. ORDER This application filed by the appellant seeks recall of Final Order No. 70/2011, dated 17-1-2011 and restoration of their appeal. The appeal was dismissed on 17-1-2011 for want of clearance of the Committee on Disputes (COD), with the rider that the appellant would be at liberty to file an application for restoration....

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.... came to be recalled. It is further pointed out that the application filed by the appellant with the COD on 7-12-2009 for permission to pursue the present appeal was still pending with the Committee when the aforesaid mechanism was recalled by the Hon'ble Supreme Court on 17-2-2011. In the circumstances, the appellant was not in a position to obtain the Committee's clearance and move this Tribunal....

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....e of Electronics Corporation of India Ltd. Para 3 of the instruction clearly embodies the Board's understanding of the issue settled by the Apex Court in the said case. This para reads as follows : "3. In view of the above there is no requirement of obtaining approval of the Committee on disputes for pursuing litigations as was being done. Field formations may now pursue their appeals in t....

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....hanism. In the circumstances, the appellant was virtually incapacitated in the matter of pressing their application before the COD. In the absence of COD itself, it cannot be expected that the appellant would obtain the above clearance as suggested in our final order dated 17-1-2011. Moreover, with the revocation of the above said mechanism, the appellant should be deemed to have regained their ri....