9911796707
TMI Blog1989 (6) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri D.N. Bhowmick, JDR, for the Respondent. [Order per : D.M. Vasavada, Member (J)]. - The applicants have preferred this application praying that they may be permitted to be joined as co-appellants. It is contended that the consignment of the goods in question were consigned to Chittagong Port and the applicants - Md. Lutfur Rahman and Mr. Joseph DeCosta, both of Bangladesh - were the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consignment in question as this fact was borne out from the record which was in possession of the Adjudicating Authority. This fact has been mentioned in the order of adjudication itself. The applicants are the aggrieved persons and therefore, it is their contention that if they are not allowed to agitate this matter before this forum at this stage their interests will be in jeopardy. 3. The Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But it is obvious that the present appellants who are not interested in the consignment in question, cannot be interested in redeeming the consignment. Apart from this, there was no legal duty cast upon the appellants to inform the applicants. Because it appears that there is no connection between the two. Now, as far as the procedural aspect is concerned this Tribunal is vested with some procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .L.T. 974 Mahindra Mahindra Ltd., Bombay v. Collector of Central Excise, Bombay. We have carefully perused that citation. But it has no application to the facts of the present case. 5. It is also contended by the D.R. that if the applicants feel that they have any legal grievance, they could have preferred a separate appeal. But in that case, if the applicants are compelled to resort to that c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot say anything regarding their right or their claim vis-a-vis the goods confiscated by the department and it will be open to both sides to raise any legal pleas on this issue or any other issue at the time of hearing of the appeal. So, this order is without prejudice to legal contentions of the party, whatever they may be. So we pass the following order: This application is allowed. The applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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