2005 (7) TMI 456

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r per : P.S. Bajaj, Member (J)]. Heard. 2. The appellants through the present ROM application have sought recall of the order on the ground that the case law cited by the counsel at the time of hearing of the appeal, had not been referred/discussed by the Bench. This very ground has been again reiterated before us by the learned counsel who has further contended that the facts have also no .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ppellants. In that case, the Hon ble Madras High Court has only observed that the Tribunal should exercise the inherent powers under Rule 41 of the CESTAT (Procedure) Rules and deal with the rectification of mistake application in the manner known to the law. 3. The manner well known to the law is that, in an ROM application, the Tribunal or even the Court has now power to recall its own order f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X