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2009 (5) TMI 605 - CESTAT, NEW DELHIApplication seeking relief in the nature of recall of order - appeals on the ground that, certain contentions, which were argued by the learned advocate for the applicant in relation to the matter in issue, were not considered and no findings thereon were given by the Tribunal while passing the said order and, therefore, there is mistake apparent from the record which would justify exercise of powers under Section 35C(2) of the Central Excise Act, 1944 - Held that:- observation by the Hon’ble High Court of Allahabad is, prima facie, observation in order to enable the party to file an application. That itself does not mean that the applicant has made out a case for grant of relief of rectification. The relief of rectification can only be granted only after the applicant makes out a case in that regard. Having failed to make out a case for rectification, the application is liable to be dismissed and is hereby accordingly dismissed.
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