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2009 (3) TMI 493 - HIMACHAL PRADESH HIGH COURTReview- recalling of earlier writ petition allowed on wrong facts - Writ petition allowed mainly on ground that order passed by Assistant Commissioner had attained finality and had not been challenged but the fact was that appeal was filed before the Commissioner of central excise (appeals). - Judgment virtually on every issue proceeds on such ground. This is an error apparent on face of record. – Held that: - Department bound to have brought such fact to notice of High Court. Even the writ petition was aware of the fact. Order recalled since the very basis of judgment now shown to be incorrect. Petition listed for admission.
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