TMI Blog2012 (4) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... ermission 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. - 1153/2006 and 6212/2004 - Stay Order Nos. 616-617/2012-EX(BR)(PB) and Misc. Order Nos. 341-342/2012-EX(BR)(PB) - Dated:- 9-4-2012 - Ajit Bharihoke and Shri Rakesh Kumar, JJ. Shri Z.U. Alvi, Advocate, for the Appellant. Shri R.K. Verma DR, for the Respondent. ORDER By this order we propose to dispose of above referred two applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l without the matter having been first examined by the Committee and its clearance for litigation. Government may included a representative of the Ministry concerned in a specific case and one from the Ministry of Finance in the Committee. Senior Officers only should be nominated so that the Committee would function with status, control and discipline. (emphasis supplied). It is abundantly clear that the machinery contemplated is only to ensure that no litigation comes to Court without the parties having had an opportunity of conciliation before an in-house Committee. It is also clarified that even the pending matters before any court or Tribunal should also be the subject matter of the deliberations of the High Power Committee. All th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... L.T. 11 (S.C.) = 2011 (21) S.T.R. 593 (S.C.) vide order dated 17-2-2011, after noting contradiction and inconsistency in the view taken by the COD on identical cases inter alia observed thus :- 9. The idea behind setting up of this Committee, initially, called a High-Powered Committee (HPC), later on called as Committee of Secretaries (CoS) and finally termed as Committee on Disputes (CoD) was to ensure that resources of the State are not frittered away in inter se litigations between entities of the State, which could be best resolved, by an empowered CoD. The machinery contemplated was only to ensure that no litigation comes to Court without the parties having had an opportunity of conciliation before an in-house committee [see : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) SCC 541, dated 11-10-1991. (ii) 2004 6 SCC 437, dated 7-1-1994 and (iii) (2007) 7 SCC 39, dated 20-7-2007. 10. In the circumstances, we hereby recall the following Orders reported in : (i) 1995 Supp (4) see 541, dated 11-10-1991 [1992 (61) E.L.T. 3 (S.C.)] (ii) (2004) 6 SCC 437, dated 7-1-1994 [1994 (70) E.L.T. 45 (S.C.)] (iii) (2007) 7 SCC 39, dated 20-7-2007 [2009 (233) E.L.T. 30 (S.C.) = 2009 (13) S.T.R. 482 (S.C.)] . 5. The appellants are now seeking restoration of appeal of their appeals in view of the fact that judgment of Supreme court in ONGC cases which created COD have been recalled. 6. Ld. Counsel for the appellants submits that Section 35B of the Central Excise Act, 1944 deals with the appeals to the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt in ONGC matter. 8. It is further submitted by ld. AR that perusal of the relevant order of COD would show that COD after considering the facts and circumstances of the case have declined permission which amounts to resolution of the dispute between the parties. Thus, it is submitted that applications for ROA be dismissed. Ld. AR has also relied upon the Board s circular. 9. We have considered the rival contention and perused the judgment of Supreme Court in ECIL case as also the circular of the Board issued after the judgment in ECIL (supra). We do not find any merit in the contention of ld. AR for the reason that bare reading of ECIL judgment would show that vide this judgment Supreme Court has recalled its earlier order passed in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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