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TMI Blog2018 (10) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... e concluded ex-parte. We take note that the order of the order of the Tribunal, in which it is alleged that the mistakes have occurred, did refer to a communication from the appellant about the pendency of the writ petition before the Hon'ble High Court of Bombay. Undoubtedly, it was letter dated 5th February 2008 that brought the fact to the notice of the adjudicating authority but order of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N N Prabhudesai, Superintendent (AR) for respondent ORDER Per: C J Mathew Applications seek rectification of mistake in order no. A/85185-85188/2018 dated 16 th January 2018 dismissing the appeals of M/s. Specific Alloys Pvt Ltd, M/s Bhagya Alloys Pvt Ltd and Shri Narendra M Surana. 2. The thrust of the contention of Learned Counsel for applicants in urging us to adopt the recti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en passed on 19 th February 2008 and that the last date fixed for hearing was 7 th February 2008. It is also seen that the said order was taken up for adjudication consequent upon a direction from the Tribunal in No. A/6899-692/2007-C-II/EB dated 24 th September 2007 indicating also that the appellant would not seek any adjournment. It is on record that four opportunities were provided to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ived by the co-noticee. It would, therefore, appear that the submissions of Learned Counsel during the hearing had been taken note of and that citing of another date, with reference to the communication, by oversight is not tantamount to non-consideration of that submission. 4. Therefore, the reference to letter dated 31 st January 2008 in paragraph 5 of the order of the Tribunal may be read a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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