9911796707
TMI Blog1999 (2) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... t. [Order per : Gowri Shankar, Member (T)]. This application is for modification of the Tribunal s order dated 19-4-1997 dismissing the appeal filed by the applicant now before us. 2. Advocate for the applicant says that after hearing the Counsel in a writ petition against the Tribunal s order, the Hon ble judges of the High Court Bench kept the matter pending for six weeks and advised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er had clearly recorded that Mahendra Shrimankar was only person qualified and that his 21 year old son had entered into the business. The Tribunal has recorded in para 10 of its order that the only circumstance under which the age of Shrimankar was raised before the Tribunal was as a ground for leniency that he was old. The age of the applicant s son is a matter entirely irrelevant to question of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers [paragraph (j)], functions of Pokharkar and his producing fraudulent test report (paragraph (m)), and retraction of applicant s statement [paragraph (o)] do not figure even in the memorandum of appeal and were not argued before the Tribunal. 8. The contention in paragraph (b) is that the Tribunal had gone beyond the finding of the Commissioner in stating that the applicant had given more 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with regard to one or two shipping bills, in determining the quantum of penalty to be imposed. Here again therefore there is no error apparent on record. 9. The contention in grounds (d), and (e) that the Tribunal has consistently taken a lenient view in matters relating to suspension or cancellation of the CHA licence is clearly not one that leads us to conclude that there was an error apparen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it. 10. These facts are clearly brought out in our order. The other decisions now cited before us were not cited earlier and the departmental representative points out that considering them now would amount to reopening the issues already heard and decided. We would however go to the extent of saying that we are not aware of a single decision of the Tribunal or a High Court that under no circum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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