2004 (11) TMI 115

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..... nvolved before it was whether the material removed by the party was an industrial waste or pure Methanol. The party claimed it was industrial waste whereas the Department claimed it was Methanol. It is the admitted case of the parties that the material is not available as it has been used by the party. However, the learned Counsel for respondent submits that at the appropriate time the material wa .....

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..... afresh in accordance with the direction of the Tribunal, because the testing of the material is not at all possible as the material is not available. The learned Counsel for respondent, however, submits that the Tribunal did not ask the authorities to test the material. It merely remanded the case on the ground that the material had not been tested. Be that as it may. We dispose of this reference .....

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