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2012 (4) TMI 512 - AT - Central ExciseRestoration of appeal - Held that:- bare reading of ECIL [2011 (2) TMI 3 - Supreme Court] judgment would show that vide this judgment Supreme Court has recalled its earlier order passed in ONGC (1991 (10) TMI 58 - SUPREME COURT OF INDIA) matters pursuant to which COD was created. In our considered view effect of the Supreme Court recalls the orders passed in ONGC matter (supra) is that these orders are no more in force. Thus, on the strength of these recalled orders the appellants cannot be denied their right to appeal against the impugned order. - Once it is apparent that merely on the ground of refusal of the permission by the Committee on Disputes, the appeal could not have been dismissed and yet the appeal was dismissed solely on the said ground, as rightly pointed out on behalf of the department, such an order deserves to be recalled. In fact, similar such orders have been recalled in some other matters also - appellant is entitled to his appeal being heard in accordance with law - Appeal restored.
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