2017 (10) TMI 121 - AT - Central Excise

Rectification of mistake - instead of the correct Appeal No. E/55009/2014-EX DB , M/s Chandpur Enterprise Ltd. versus Commissioner of Central Excise, Meerut-I, they have wrongly mentioned Appeal No. E/56082/2014-EX DB , which is the Appeal No. of its director Mr. Vipin Kumar Mittal - Held that - we allow the said Misc. Application for rectification in the cause title of Misc. Application No. E/MISC/70160/2017 - ROM allowed. Rectification in cause title - under the scheme of de-merger M/s Chandpur Enterprise Ltd. have de-merged its Food Division, now known as M/s Emtees Food Ltd. and also its Steel Division, now known as M/s VKM Industries Ltd., pursuant to scheme of de-merger - Held that - we allow this Misc. Application for change in cause title and allow the change in the name of the appellant M/s Chandpur Enterprises Ltd. to M/s VKM Industries Ltd. - ROM allowed.

Summary

Issues:
1. Rectification of appeal number mentioned in the cause title.
2. Change in cause title due to de-merger of company divisions.
3. Granting liberty to appellants for listing the matter with another related case.

Analysis:
1. The judgment deals with a Misc. Application filed for rectification in the cause title of an earlier application. The appellant sought correction as they had wrongly mentioned the appeal number of the director instead of the correct appeal number. The Tribunal allowed the rectification, directing the registry to make necessary changes in the records accordingly.

2. Another Misc. Application was filed for a change in the cause title due to the de-merger of company divisions. The de-merger was sanctioned by the Hon'ble Allahabad High Court and the Hon'ble Delhi High Court. The Tribunal, after hearing the parties and considering the submissions and documents on record, allowed the application for change in cause title. The name of the appellant company was changed to 'M/s VKM Industries Ltd.' The counsel was directed to make the necessary changes in the appeal memo, and the registry was instructed to update its records accordingly.

3. Additionally, the appellant pointed out the connection of the appeal with another matter involving M/s Parmarth Iron Private Ltd., where a common Order-in-Original penalty had been imposed. The Tribunal granted liberty to the appellants to request listing for hearing when the matter of M/s Parmarth Iron Private Ltd. is taken up or after its disposal. This decision allows for efficient handling of related cases and ensures proper consideration of interconnected issues.

This judgment showcases the Tribunal's adherence to procedural correctness by allowing rectification and change in cause title as requested by the appellant. It also demonstrates the Tribunal's consideration of corporate restructuring matters such as de-mergers and the associated legal implications. Granting liberty for listing related cases together reflects the Tribunal's commitment to effective case management and ensuring fair and comprehensive adjudication of connected issues.