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TMI Blog2014 (12) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... /02 – Held that:- If a Statutory Authority does not implement the order of the Tribunal, the remedy does not lie in coming to Tribunal again - the remedy lies in approaching jurisdictional High Court by filing a writ petition – Tribunal cannot order the authority implementing the matters relating to food adulteration and direct that authority to allow the consignment to be imported, when they take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S. MOORTHY, V.P. ORDER Per : B.S.V.MURTHY; In the Miscellaneous Application No. C/Misc/20771/2014, the appellant is seeking implementation of the Final Order of this Tribunal No. 20267/2014 dated 24.02.2014. In this order, the Tribunal had taken a view that the appellant is eligible for the benefit of Notification No. 21/02 and the appeal was allowed with consequential relief. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Department could not have addressed the food analyst and food analyst could not have refused to allow the consignment. He requests that a direction be given to the Commissioner of Customs and Assistant Commissioner to implement the order of this Tribunal in terms of Rule 41 of CESTAT Procedural Rules. 2. After Hearing both sides for quite some time, we find that if a Statutory Authority doe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty which is implementing another law with which the tribunal is concerned. Remedy has to be sought under that law. At this stage the Authorized Representative for the appellant submits that the CFL may be impleaded now and order passed. Once the order is passed by this Tribunal, the Tribunal becomes functus-offficio and therefore this submission cannot be accepted. In our opinion, the appellants h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inutely and identify all the typographical errors and file one application so that all of them can be rectified at one go. In the result both the applications filed are disposed of as above. This disposal is because of our view that the typographical errors do not seriously prejudice the appellant but have to be corrected. (Order dictated and pronounced in open court) - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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