9911796707
TMI Blog1989 (7) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... ion the applicant has requested for rectification of mistake apparent on the order, referred to above, on the following grounds :- (i) Because the order does not refer the judgment of Hon ble High Court of Delhi, although cited at the time of hearing; (ii) That the impugned order, is in direct conflict with the decisions/judgments of various statutory Authorities and the Hon ble Courts in I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal) in the case of Mrs. Mohini Arjundas Mansukhani v. Collector of Customs and Central Excise, but the Tribunal did not mention the same in the impugned order. Shri Singh further argued that the Tribunal did not follow the Larger Bench decision. This was also an error. Miss Mann argued that the ROM application was worded in a general way and in fact its sought for review of the Tribunal s or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal. (ii) Ground No. (ii) of the ROM application does not specify which decisions/judgments of various statutory authorities and Hon ble Courts in India are contrary to the impugned order. During the hearing of the appeal the counsel for the appellant cited one order of the Tribunal, viz., Order No. 409/87-NRB dated 8-7-1987 in support of his prayer for re-export of the goods. The said order w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndings and conclusions therein. (iv) Ground No. (v) of the application does not specify as to which decision of the Larger Bench has been over-ruled by the impugned order. Even at the time of hearing of the ROM application Shri Singh has not cited the specific decision of the Larger Bench. (v) Ground No. (vi) of the application is without any basis. 4. In this connection, I want to observe t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for considering any of these judgments at this stage since I am not re-hearing the appeal, but considering the ROM application. The scope of ROM application is very limited and it is confined to any mistake which arise out of Tribunal s order and is apparent on record. In the present case, none of these judgments was cited by the appellant or his counsel at the stage of appeal before this Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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