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TMI Blog2013 (3) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of the General Clauses Act which are being invoked by the learned counsel for the present appellant. In this scenario, we are inclined to recall Final Order [2012 (9) TMI 596 - CESTAT, BANGALORE] and direct that the appeal and stay application be listed on 21-3-2012 for being heard with other similar matters. - ST/2482/2011 - 86/2012 - Dated:- 2-2-2012 - S/Shri P.G. Chacko, B.S.V. Murthy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The learned counsel for the appellant/applicant submits that the above ground was not considered at all. The learned Superintendent (AR) submits that it was not necessary for the Bench to consider the said ground. It is submitted that the above ground is extraneous to the issue considered by the Bench in the final order. 3. We have considered the submissions of both sides. It is not in disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by us. As it is not in dispute that the said ground was not considered in the final order, the mistake can be said to be apparent on the face of the record and consequently appropriate correction is warranted. 4. At this stage, we are told that a few other appeals along with stay applications involving the same issue have been listed on 21-3-2012 for hearing. We think that a correct deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which no decision of any coordinate Bench has been cited before us. 5. The present application is allowed to the extent of recalling the final order. The appeal and all the miscellaneous applications filed therein shall be listed on 21-3-2012 for fresh hearing. At this stage, we are told that Appeal ST/1866/2011 filed by the department against the order passed by the learned Commissioner (Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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