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TMI Blog2010 (1) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... nce no error of law nor error of fact was committed by the Tribunal while passing the order and a decision on the altogether new issue arose out of clarification of DGCA shall amount to review of decision on an additional and fresh evidence not borne by record. - C/603-604 and 619/2009-Cus.(BR) - C/14/2010 - Dated:- 18-1-2010 - S/Shri M. Veeraiyan, Member (T)and D.N. Panda, Member (J) REPRESENTED BY: Shri K.R. Moolchandani, Advocate, for the Appellant. Shri S.K. Panda, Jt. CDR, for the Respondent. [Order per: D.N. Panda, Member (J)]. - The present Misc. Application is calling for modification of the stay order passed by the Tribunal in Stay Application Nos. 2806, 2807 and 2834/09 on 27-11-2009 directing pre-deposit for heari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose other than passenger service. 3. Learned DR submits that licensing authority has permitted only for use of the flight of the Appellant for non-scheduled passenger service. Therefore, no other use is permissible for which the Tribunal has passed appropriate order. He also submits that the Tribunal's order passed in the case of CC (Prev.) New Delhi v. M/s. Global Vectra Helicorp Ltd vide Stay Order No. C/287/09 dated 6-11- 2009 has not been interfered by the Hon'ble High Court of Delhi while passing order on 14-12-2009 in Writ Petition (C) No. 13810/2009. Therefore, this appellant has to be dealt equally under law without grant of any concession or leniency. Learned Jt. CDR relying on the judgment of Hon'ble High Court of Bombay in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r transport service (Passenger) only. In view of such factual aspect, we tried further to examine whether the present clarification placed before us shall be of any help to the appellant. The appellant has failed to produce letter dated 14-12-2009 which is claimed to be basis for clarification issued by DGCA on 15-12-2009 i.e. after passing of stay order on 27-11-2009. Also we have read the clarification issued under para 9.2 of Civil Aviation requirements. The clarification says that non-scheduled operators can conduct chartered/non-scheduled operations for transport by air of persons, mail or goods. This is a mere interpretation of Civil Aviation Authority without any amendment to license issued to the appellant. The undertaking given fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord. 6. While passing the stay order aforesaid, merit remained untouched by us. The terms of license and undertaking of appellant and various other factual matrix born by record received our attention thoroughly. In absence of any finding by adjudication coming to the rescue of appellant, stay order passed earlier need not be varied. We are therefore, compelled to dismiss the application today. If we entertain the application which we do not propose to do we shall unsettle the settled position of law that the Tribunal has no power of review following the decisions cited by Revenue (supra) we do not consider that review shall be entertained in disguise in absence of statutory mandate. We also make it clear that express grant of statutory p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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