9911796707
TMI Blog2012 (12) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : P.G. Chacko, Member (J)]. - This application filed by the appellant seeks restoration of their appeal which happened to be dismissed vide Final Order No. 862/2010 dated 17-5-2010 for want of clearance from the Committee of Secretaries. Moving this application, the learned counsel for the appellant submits that the Committee declined permission to the appellant prior to the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Ltd. [2011 (271) E.L.T. 576 (Tri.-Mum)]. Per contra, the learned Addl. Commissioner (AR) refers to an order passed by another coordinate Bench vide BHEL v. CCE, Bhopal [2010 (254) E.L.T. 527 (Tri.-Delhi)] wherein application of the appellant (BHEL) to recall the Tribunal's order of dismissal of appeal for want of clearance from the Committee was rejected by the Bench after observing that, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgment passed by the Apex Court in the case of ECIL (supra). In that judgment, the earlier judgments which had required PSUs to obtain such permission were recalled. The effect of the recall of the earlier judgments was considered by a Bench of this Tribunal in the case of ONGC Ltd. (supra). On a perusal of the order passed in ONGC case, we find that the facts of that case are similar to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mined and it was held that, with a recall of judgment/order, the judgment or order was effaced for all practical purposes. 3. The ROA application is allowed and the appeal is restored to its original number along with the stay application filed therein. 4. At this stage, it is submitted by the counsel for the appellant that the stay application is infructuous inasmuch as the entire amo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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