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2012 (6) TMI 423

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..... fore the Hon'ble President for passing appropriate orders, as having no powers/jurisdiction to place the matter before any particular Bench - Registrar is directed to place the file before the Hon'ble President. - Service Tax Misc Application No. 436 of 2012; 183 of 2009 - - - Dated:- 20-4-2012 - Archana Wadhwa, Mathew John, JJ. J.F. Pochkhanawala, Adv. for the Appellant K.K. Jaiswal, DR for the Respondent Archana Wadhwa, Judicial Member 1. Learned Sr. Advocate Shri J.F. Pochkhanawala appearing in support of Misc. Application filed by them submits that this matter was heard by the Bench consisting of learned Member (Judicial) Shri D.N. Panda and learned Member (Technical) Shri Sahab Singh on various dates. Elabor .....

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..... e the notice for fresh hearing of the same. Inasmuch as the fresh appearance involved a lot of litigation expenses inasmuch as their client is required to be flown from England every time the matter is fixed and the same involves expenses of solicitor and counsel also, he submits that they have chosen not to reargue the matter. He also submits that the matter prior to being taken up by the Bench was being regularly coming up for final disposal and was being adjourned on account of various reasons, involving a lot of cost as each time their client was coming from abroad. Accordingly, the present Misc. application stands filed by them with a prayer to request the original Bench who heard the matter on number of days to pass order disposing th .....

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..... its that there was no new argument in the said Misc application and the same was meant for some factual clarification for which liberty was given by the Bench itself. 7. After appreciating the submissions made by the learned Sr. Advocate, expressing difficulty in rehearing of the appeal and making a request for passing of the order by the same Bench who heard the matter originally, we deem it fit to place the file before the Hon'ble President for passing appropriate orders, as we have no powers/jurisdiction to place the matter before any particular Bench. Registrar is directed to place the file before the Hon'ble President. 8. At this stage, learned Sr. Advocate also submits that infact the application requesting for passing of the .....

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