2009 (6) TMI 729

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..... . Patil, Advocate, for the Appellant. Shri R.S. Srova, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Arguing in support of the ROM application, Shri M.H. Patil, learned advocate draws our attention to the factual recording made in the order passed by learned Member (Technical), wherein he has differed with the order drafted by Member (Judicial). He submits that Member (T .....

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..... ents, ROM cannot be filed in respect of the order which has not attained finality. In this regard, he refers to the Tribunal's decision in case of CCE, Vadodara v. Baron International Ltd. as reported in 2008 (224) E.L.T. 402 (Tribunal) = 2008 (10) S.T.R. 35 (Tri.-Ahmd.). 3. We agree with the learned JDR on the above legal position. As such, we are of the view that ROM cannot be entertained .....

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