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Appeal dismissal based on failure to consider binding decisions of CEGAT. Analysis: The judgment delivered by the Gujarat High Court involved two petitions disposed of by a common order arising from a common order passed by CEGAT, West Zonal Bench at Mumbai. The serious grievance raised by the petitioners' counsel was that the learned Single Member of CEGAT did not consider binding decisions of CEGAT cited before him, leading to the dismissal of their appeals. The counsel argued that the Modification Application was also rejected on similar grounds. The court noted that the decisions cited were not considered by the Single Member, including a 2 Members Bench decision of CEGAT, thus justifying the quashing of the impugned order and subsequent modification order. Consequently, the court allowed the petitions on the grounds that the learned Single Member had failed to consider binding decisions, leading to the quashing of both orders and remanding the matters back to CEGAT for a fresh decision, emphasizing the need to consider all relevant decisions cited before it. The court emphasized that without considering the binding decisions of CEGAT, the dismissal of the appeals by the learned Single Member was not justified. By quashing the impugned orders and remanding the matters back to CEGAT, the court ensured that the appeals of the petitioners would be decided in accordance with the law after considering all relevant decisions cited before the tribunal. The judgment made it clear that the failure to consider binding decisions was a critical error that warranted the setting aside of the orders and a fresh consideration of the appeals, highlighting the importance of due process and adherence to legal precedents in judicial decisions. In conclusion, the Gujarat High Court's judgment highlighted the significance of considering binding decisions in judicial proceedings. By setting aside the impugned orders and remanding the matters for fresh consideration, the court ensured that the petitioners' appeals would be adjudicated in accordance with the law and all relevant legal precedents. The judgment underscored the importance of upholding the principles of natural justice and legal consistency in administrative and judicial decision-making processes, thereby safeguarding the rights and interests of the parties involved.
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