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TMI Blog2009 (4) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter of National Fertilizers Ltd. v. C.C.E., Ludhiana reported in 2005 (182) E.L.T. 166 (Tri.-Del.) and Rasthriya Chemicals Fertilizers Ltd. v. C.C.E., Raigad reported in 2007 (80) RLT 426 submitted that the present proceedings are continuation of the old proceedings wherein there was already COD clearance granted and therefore, there is no need for fresh COD clearance. He further submitted that earlier appeal filed by the appellant, certain reliefs were granted except in relation to the freight and for that the matter was remanded for fresh decision to the Commissioner and the present appeal relates only to the matter which was remanded for re-consideration by the Commissioner and therefore, according to the learned Advocate, this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Public Sector Undertaking of the Government of India and Public Sector Undertakings in between themselves, to ensure that no litigation comes to Court or to a Tribunal without the matter having been first examined by the Committee and its clearance for litigation. Government may include a representative of the Ministry concerned in a specific case and one from the Ministry of Finance in the Committee. Senior Officers only should be nominated so that the Committee would function with status, control and discipline. 4. It shall be the obligation of every court and every Tribunal where such a dispute is raised hereafter to demand a clearance from the Committee in case it has not been so pleaded and in the absence of the clearance, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon public exchequer in relation to public body. Apparently the directions issued by the Apex Court is not only to have check over unwarranted litigation but also to have check over unwarranted expenditure which could be the burden on the public exchequer. Bearing this in mind, there is no scope to read in the directions issued by the Apex Court that the clearance at the first stage of the litigation would be sufficient for second or third stage of the said litigation. 7. The direction by the Supreme Court in ONGC s case clearly states that setting up of such Committee is necessary to ensure that no litigation comes to Court or a Tribunal without having been first examined by the Committee and further makes it obligatory for every Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of limited issue which was directed by the Tribunal to be decided afresh and in that sense it cannot be said to be a new matter which would require COD clearance. It is not the scope or the effect of the order which is sought to be challenged that would decide about the need of clearance from COD but it is the mandate of the Supreme Court direction that warrant such clearance before the Tribunal can proceed to hear the matter. 10. It is true that the Tribunal in National Fertilizers Ltd. (supra) and Rashtriya Chemicals Fertilizers Ltd. supra held that since the appeal is filed against the order passed by the lower authorities in remand matter in relation to original proceedings, no fresh clearance is required. However, we do no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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