2017 (6) TMI 1160 - AT - Central Excise

Rectification of Mistake - the grievance is that even though the appeal No. E/1585/2009 has been listed and heard on 29.09.2016, but, the appeal No. E/1483/2010 has not been listed alongwith the said appeal and heard together - Held that - Neither the registry listed both the matters, nor it was brought to the notice of the bench by either side on the date of hearing when the order dated 29.09.2016 was passed. Be that as it may, however, it could be denied that the direction of the Division Bench had not been complied. Therefore, the order dated 29.09.2016 is recalled and both the appeals be listed together and heard simultaneously - Application for ROM dismissed.

Summary

Issues: Rectification of Tribunal's order dated 29.09.2016, compliance with the direction of Division Bench dated 08.08.2011

In this case, two Miscellaneous Applications were filed before the Appellate Tribunal seeking rectification of the order dated 29.09.2016. The Revenue's application highlighted that while passing a previous order, the Division of the Tribunal had directed to connect two appeals for joint disposal. The grievance was that one of the appeals had not been listed and heard along with the other as directed. The Advocate for the applicants acknowledged a typographical mistake in the order. The Tribunal noted the specific direction for hearing both appeals together in the previous order. It was observed that this direction had not been complied with during the passing of the order dated 29.09.2016. Consequently, the Tribunal recalled the order and directed both appeals to be listed together and heard simultaneously, rendering the application filed by the assessee moot. The Miscellaneous Applications were disposed of accordingly, and both appeals were scheduled for hearing and disposal on a specified date.

This judgment primarily deals with the rectification of a Tribunal's order dated 29.09.2016 and the compliance with a specific direction issued by the Division Bench in a previous order dated 08.08.2011. The issue arose from the failure to list and hear two appeals together as directed by the Division Bench. The Tribunal acknowledged the oversight and recalled the order dated 29.09.2016 to ensure compliance with the earlier directive. The decision highlights the importance of adhering to procedural requirements and court directions to ensure fair and efficient resolution of legal matters. It emphasizes the need for parties and the Tribunal to actively ensure that all directives and instructions are followed to maintain the integrity and effectiveness of the judicial process.