2010 (6) TMI 701

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..... ar dated 2-1-02. Held that: - It is settled law that, the question of recall of an order can arise only when there is error apparent on the face of the record or when mistake is committed by the Tribunal itself which if allowed to be remained on record could result in irreparable loss or injury to the parties. Merely because particular view is not in consonance with the view taken by some othe .....

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..... s of law were not properly appreciated while deciding the matter; secondly, various judgments sought to be relied upon were not taken into consideration, and thirdly, that the Department even ignored board s circular dated 2-1-02. It is settled law that, the question of recall of an order can arise only when there is error apparent on the face of the record or when mistake is committed by the Trib .....

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..... of the order. 4. It is contended on behalf of the appellants that the appellants could not attend the proceeding at the time when the matter was disposed of on 7-1-2010 but the appellants had filed written submissions along with the case law. Even assuming that there was inappropriate appreciation of the submissions made in writing by the appellants in deciding the matter, it could not be a matt .....

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