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TMI Blog2007 (5) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... P.K. Das, JDR, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. - Heard both sides. 2. The present application for rectification of mistake has been filed by the applicant Commissioner in respect of the Order dated 19-5-2006 passed by the Tribunal in this case. We find that the Customs Appeal No. CDM-167/05 was filed by the appellants against the impugned Order-in-Ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, the other appellants, M/s. Zodiac Trading Company who had filed Appeal No. CDM-01/06 against the same impugned order were aggrieved by the confiscation of the goods and also by the penalty imposed upon them. In fact, it was one of their prayers that the confiscation was bad in law and that the same should be set aside. While hearing the Stay Petition filed by the said M/s. Zodiac Trading Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal by the Customs House Agent should not have been taken up for simultaneous hearing while deciding the Stay Petition, in the circumstances of the case, when both the appeals arose from the same order. We find that the Order dated 19-5-06 also goes beyond the prayer of the appellants being a Customs House Agent who had no grievance against confiscation of the goods, but was merely praying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Customs House Agent and direct that the appeal filed by them as well the appeal filed by M/s. Zodiac Trading Company (CDM-01/06) be listed together for hearing on the same date, as both of these are against the same impugned order. We clarify that the waiver of pre-deposit granted under the Tribunal's Order dated 19-5-06 shall continue in the meantime.
Pronounced in the court on 28-5-2007. X X X X Extracts X X X X X X X X Extracts X X X X
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