2004 (11) TMI 114 - HC - Central Excise

Summary

Issues:
1. Withdrawal of petition seeking permission to approach the Tribunal for modification application.
2. Request to direct the Tribunal to decide on the modification application and condone the delay in filing.

Analysis:
1. The judgment begins with the learned counsel seeking permission to withdraw the petition to approach the Tribunal for a modification application. The counsel pointed out that an argument made before the Tribunal regarding the receipt of the impugned order was not considered in the Tribunal's order. The Standing Counsel had no objection to the withdrawal, and permission was granted for the petition to be dismissed as withdrawn.

2. Following the withdrawal of the petition, a request was made to direct the Tribunal to decide on the modification application and condone the delay in filing. Instead of issuing direct directions, the Court expressed the opinion that the petitioner should file the modification application within three weeks, along with an application for condoning the delay. The Court believed that the Tribunal would consider the condonation of delay and decide on the modification application on its merits, taking into account the time the petition had been pending before the Court. The judgment concluded by dismissing the petition as withdrawn, providing directions for the filing of the modification application with a request for condonation of delay.