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TMI Blog2008 (11) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... be placed before the Chairman, who is requested to constitute a special Bench in view of the conflicting opinions of the co-ordinate Benches of the Tribunal in terms of regulation 54(a)(i). - Civil Appeal No. 6905 of 2008 - - - Dated:- 28-11-2008 - KAPADIA S AND SUDERSHAN REDDY B. JJ. Ms. Anitha Shenoy, Advocate, for the respondent. Soli J. Sorabjee, Senior Advocate, (Ashok Kumar Shar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not in agreement with the view expressed by its earlier co-ordinate bench in S.T.A. Nos. 239 to 243 of 2003, dated September 11, 2003. We are surprised that despite the existence of the regulation 54(a)(i) stipulating that in the event of conflict of decisions, the matter is required to be referred to the Chairman, that was not done in this matter. In that connection, we quote regulation 54(a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the merits of the case and keeping contentions on both sides expressly open, we direct the S.T.A. No. 2601 of 2004 to be placed before the Chairman, who is requested to constitute a special Bench in view of the conflicting opinions of the co-ordinate Benches of the Tribunal in terms of regulation 54(a)(i). Before concluding, we request the Tribunal to dispose of the matter as expeditiously as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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