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2009 (5) TMI 626 - AT - Customs

Issues: Cause title misrepresentation in the application.

The judgment addresses the issue of a misrepresentation in the cause title of an application. The learned DR contended that the cause title in the application was inaccurately mentioned, showing the Commissioner of Customs, Amritsar as the appellant and ETCO Telecom Ltd. as the respondent, contrary to the actual filing by ETCO Telecom Ltd. as the appellant. The records revealed that the ROM application was indeed filed by ETCO Telecom Ltd., with the cause title correctly reflecting this. However, in an order dated 6-10-08, the cause title was mistakenly altered to show CC Amritsar as the applicant and ETCO Telecom Ltd. as the respondent. The judgment emphasizes the importance of accuracy in the cause title, highlighting the responsibility of the stenographer to ensure correct typing in every order. Consequently, the Registrar was directed to issue a notice to the stenographer who made the error, requesting an explanation within 6 days for the incorrect cause title.

Furthermore, the judgment ordered the correction of the cause title in the order dated 6-10-08 to accurately reflect the parties involved as 'M/s. ETCO Telecom Ltd.' as the applicant and 'Commissioner of Customs, Amritsar' as the respondent. This correction aimed to rectify the misrepresentation and ensure the proper identification of the parties in the legal proceedings. The directive for the correction was issued to uphold the integrity and accuracy of the legal documentation, emphasizing the significance of correctly identifying the parties involved in the case. The judgment concluded by affirming the correction of the cause title as per the specified parties, thereby addressing the misrepresentation and ensuring the accurate representation of the appellant and respondent in the legal proceedings.

 

 

 

 

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