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TMI Blog2024 (4) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... s to decide whether these appeals can be remanded or not in terms of the Larger Bench decision. It is admitted fact that the Stay Order was passed on 29.10.2014 and the conditions specified therein were not complied with by the Appellant at any point of time till now. From the records, it is seen that even when the Modification Application had come up for hearing on 06.08.2019 no reference whatsoever was made to the Larger Bench decision nor any pleading was made about some of the orders passed by this Tribunal on 26.09.2016 wherein Modification Applications were considered favourably. The Appellant had the opportunity to file Misc Petitions against the rejection of their Modification Applications which was not taken by them. Therefore as o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directing deposit of pre-deposits, the Appellants filed Misc Applications before this Tribunal for Modification of the Order. This Tribunal vide M/30354- 30357/2019 dated 06.08.2019 dismissed all the Misc Applications holding as under: 2. These miscellaneous applications were filed by the applicants for modification of Miscellaneous Order No. 22821-22828/2014, dated 28.10.2014 passed by the Tribunal. The application was filed with the cause title MODIFICATION PETITION . The law is well settled that the Tribunal is functus officio, once an order is passed by it and the said order can be modified under proper application. The modification in the order is subject to condition that there must be apparent mistake on the face of the record. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant had the opportunity to file Misc Petitions against the rejection of their Modification Applications which was not taken by them. Therefore as on date the Stay Order passed by this Tribunal on 29.10.2014 and Misc Order passed on 06.08.2019 have reached finality. 7. At this juncture, the Tribunal has no power to review it own Stay Order and the Modification Orders passed on 06.08.2019, particularly in view of the fact that no further Misc Petitions were filed by the Appellants. Therefore, without going into the merits of the appeals, the Appeals are dismissed only on the sole ground of pre-deposit conditions not being met by the Appellants even after nearly 9 years of passing of Stay Order. ( Order dictated and pronounced in open court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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