2000 (5) TMI 46

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..... ny technical person who might be nominated by the respondents to determine whether or not the machine in question fell within the description of Item No. 2 of the Table to Notification No. 40/78, dated 1st March, 1978. Learned Counsel for the respondents then sought time to take instructions. On 30th November, 1999 this Court recorded that it was agreed between the parties that an expert should ex .....

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..... t is a jig boring machine. This conclusion is acceptable, in the circumstances, to the respondents. 2. In the circumstances of the case, therefore, the appeal must be allowed and the order under challenge set aside. The appellant will be entitled to consequential relief. 3. The appellant states that the cost and charges incurred in regard to the expert assessment of the machine shall be paid b .....

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