2011 (5) TMI 785

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..... sed which have been recalled, request for recall of the order allowed and the appeal is restored to the board
Justice R.M.S. Khandeparkar, Shri Sahab Singh, JJ. Shri P.K. Agarwal, Jt. CDR, for the Appellant. Shri Aziz Khan, Advocate, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President]. - Heard Jt. CDR for the applicant and learned Advocate for the respondent. 2. The applicants are seeking restoration of the appeal which was dismissed by order dated 27th of January, 2011 on the ground of absence of clearance by the Committee on Disputes. The said order refers to the letter dated 13th July 2009 by DYGM (F&A), I/C Finance of ONGC Ltd. addressed to Head-Finance & Accounts Department of Reliance Industries Ltd. .....

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..... ex court. Once those directions stood recalled, the question of dismissal of the appeal on the basis of absence of NOC does not arise. 4. Besides, if one peruses the directions which were issued by the apex court under various orders which have been recalled in the decision in the matter of Electronics Corporation of India Ltd. need not totally prohibit the Tribunal from entertaining the appeals even in the absence of such NOC by the Committee on Disputes in cases where the matter generally required attention of the Tribunal. 5. It is sought to be contended that the order of the Apex Court nowhere discloses that it would operate retrospectively. Once the Apex Court either clarifies the provisions of law or declares any particula .....

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..... nt that merely on the ground of refusal of the permission by the Committee on Disputes, the appeal could not have been dismissed and yet the appeal was dismissed solely on the said ground, as rightly pointed out on behalf of the department, such an order deserves to be recalled. In fact, similar such orders have been recalled in some other matters also. 7. Accordingly the request for recall of the order dated 27-1-2011 in appeal No. E/3286/05 is hereby allowed and the said appeal is restored to the board and directed to be listed for final hearing on 12th of June 2011. The learned Advocate and the Jt. CDR take notice of the date of the hearing of the appeal fixed on 12th of June 2011. Application stands disposed of. (Dictated in Cour .....

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