9911796707
TMI Blog2005 (9) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : T.K. Jayaraman, Member (T)]. This ROM application filed by the appellants seeking for recall of the Final Order No. 1393/1996, dated 30-7-96. This application was originally heard and Miscellaneous order No. 339/2001, dated 11-10-2001 was passed by this Tribunal rejecting the ROM application. The applicants approached the Hon ble Madras High Court and the High Court set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctor (Appeals) allowed the appeal vide order dated 31-1-93. He held that in terms of the Certificate dated 13-8-91 signed by the Industries Commissioner and Director of Industries and Commerce, Madras, their installed capacity is within 66000 M.Ts. per annum/200 M.Tons per day. Further, Collector held that the Notification does not stipulate any condition that the appellants are prohibited from pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so to the above Notification reads as follows :- Provided that such cement is manufactured out of clinker produced within the same factory in which such cement is manufactured. A perusal of the Notification would show that there was a specific condition to the effect that such cement should be manufactured with the clinkers produced within the same factory in order to avail the benefit of No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the cement factory in which the cement is manufactured such condition is not there in the other Notification. Therefore, the Tribunal has committed an error apparent on the face of the record by relying on its own decision deal with the Notification No. 36/1987. Therefore, it is in the fitness of things we allow the ROM application by recalling the Final Order. Appeal will come up for hearin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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