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TMI Blog2006 (10) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... pursuing the present appeal. However, the appellant is filing the present appeal for saving limitation and shall be seeking COD clearance within one month from the filing of the present appeal, in terms of the ratio of the judgment of the hon'ble Supreme Court in the case of ONGC v. Collector of Central Excise [2004] 6 SCC 437." 3 In similar matters, previous Benches of this court have been passing standard orders "disposing" of such appeals in the following terms : "The learned counsel for the appellant states that the Committee on Disputes has been approached for clearance for preferring and prosecuting the appeal. They are awaiting the sanction. Hence, we dispose of this appeal with liberty to the appellant to revive appeal on obtainin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose and it was mandated that no litigation should be brought before the court or a Tribunal "without the matter having been first examined by the Committee and its clearance obtained for litigation". 6 Thereafter, by an order dated January 7, 1994, in Oil and Natural Gas Commission v. CCE [2004] 6 SCC 437 (hereafter ONGC II), the hon'ble Supreme Court held (page 439) : "Wherever appeals, petitions, etc., are filed without the clearance of the High-Powered Committee so as to save limitation, the appellant or the petitioner, as the case may be, shall within a month from such filing, refer the matter to the High-Powered Committee, with prior notice to the designated authority in Cabinet Secretariat of the Government of India authorized to re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -house ADR process before the disputes reach the Court or Tribunal or are taken up by them for adjudication; (iii) In the event the dispute is unable to be resolved by the High-Powered Committee, it shall grant the clearance for the litigation in the court or Tribunal as the case may be; (iv) Where there is the possibility of the appeal or petition becoming time-barred, it will be open to the party concerned to file such appeal or petition within the time prescribed even before obtaining clearance. However, the party shall within a month of such filing, approach the High-Powered Committee for clearance, with prior notice to the designated authority in the Cabinet Secretariat of the Government of India authorized to receive notices in that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party will always claim that its rights are affected, when in fact, no right is affected. The Committee is constituted of highly placed officers of the Government, who do not have an interest in the dispute, it is thus expected that their decision will be fair and honest. Even if the department/public sector undertaking finds the decision unpalatable, discipline requires that they abide by it. Otherwise the whole purpose of this exercise will be lost and every party against whom the decision is given will claim that they have been wronged and that their rights are affected. This should not be allowed to be done." (emphasis' supplied) The position that emerges from a reading of both ONGC II's case [2004] 6 SCC 437 and Mahanagar Telephone N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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