9911796707
TMI Blog2004 (9) TMI 483X X X X Extracts X X X X X X X X Extracts X X X X ..... , Member (J) (Oral)]. This application filed by the appellants states, inter alia, as under:- 5. It is respectfully submitted that it is not a regular Appeal but a Misc. Application under special circumstances for the implementation of Hyderabad High Court Order on the same subject-matter. In E/164/92 the Hyderabad High Court has quashed the proceedings before Criminal Court that no offen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitting that such an application cannot be entertained inasmuch as the appeal filed by the party in this matter has been rejected by the Apex Court. 4. We have examined the records and considered the submissions made by both sides. This is the fourth application filed by the appellants since final disposal of their appeal by this Bench. The captioned appeal was dismissed on merits as per Final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also rejected. The appellant filed first ROM which was entertained. The second ROM was also rejected in terms of miscellaneous order No. 581/2000, dated 22-12-2000 by recording the finding in para 9 extracted above. We are of the considered opinion that the present application filed is barred by time and the third ROM cannot be appreciated. Repeating filing of applications cannot be entertained. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for preventing abuse of the process of this Tribunal, in exercise of our power under Rule 41 ibid. As already noted in Para-5 of our earlier order dated 15-10-2003, our Final Order dated 1-9-1997 was taken in appeal to the Supreme Court but that appeal was dismissed [1998 (103) E.L.T. A115 (S.C.)]. A subsequent application of the appellants for referring the matter to the jurisdictional High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
