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1986 (4) TMI 230

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..... ber (J)]. - This application moved by the Assistant Collector, Central Excise, Division-I, Ghaziabad, had been made with a prayer for vacating an order of stay passed by a Bench of this Tribunal on 15-1-1985, vide order No. 33/1985-A. Shri P.K. Ajwani, SDR has appeared in support of this application. On being asked as to under what provisions of the Act such an application could be moved, as i .....

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..... al to review or recall earlier orders, and as such this application was not maintainable; otherwise also, this order was passed when the judgment in Dunlop India s case had already come inasmuch as whereas the judgment of the Hon ble Supreme Court was delivered on 30-11-1984, this order was passed on 15-1-1985. He stated that in case the respondent was aggrieved by such order, there was an appropr .....

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..... ot open to the party to seek review on merits. In this case, as already pointed out, the judgment of Hon ble Supreme Court had come before the order in this case was passed. It was for the Departmental representative at that time to have opposed the application on the basis of the said judgment. 4. We, therefore do not find any case made out for allowing this application. It is rejected accordin .....

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