9911796707
TMI Blog2000 (5) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... er : G.R. Sharma, Member (T)]. Arguing the case for the appellants, Shri M.H. Patil with Shri. G.A. Sindhe submits that a mistake has crept in the Tribunal s Final Order Nos. 540-541/99-D dated 2-6-1999 [1999 (113) E.L.T. 141 (Tri.) inasmuch a number of issues were contested by the applicants in their appeal memo. He submits that in the Order-in-Original two appeals were disposed of by the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty is available in the units of the two appellants before us or not. While no doubt, the adjudicating authority has referred to the report of the Asstt. Collector after a visit by him but we do not find on record any report submitted by the Asstt. Collector and there is only a passing references in the impugned order about Asstt. Collector's finding and also there is no reference to it in the show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the contentions of M/s. Bombay Dyeing and may be considered for deciding the issue. 2. Shri R.S. Sangia, ld. JDR submits that all the points raised by the applicant now have been dealt with by the Collector in the impugned order. He submits that the applicant before the Collector submitted that they had no combing facility and that is why the Tribunal in its remand order limited the scope of exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore the ROM cannot be examined without giving an opportunity to the other party also. The ROM can be disposed of only by broadening the scope of de novo adjudication. Looking to the facts and circumstances of the case, we direct the Commissioner concerned to pass separate orders in the two cases after examining the contentions raised by the different parties after giving them an opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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