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2014 (4) TMI 1130 - HC - Central ExciseReview petition - Seeking dismissal of refund of the money allegedly collected by the review applicants - Applicants contended the writ appeal was allowed even at the time of admission, without affording an opportunity to the review applicants to present their case - Held that:- the grievance of the review applicants is fairly well founded. In view of the Judgment of Supreme Court in the case of Kapra Mazdoor Ekta Union v. Birla Cotton Spinning and Weaving Mills Limited [2005 (3) TMI 754 - Supreme Court Of India], when a Court having jurisdiction to adjudicate, proceeds to do so, but in doing so commits a procedural irregularity which goes to the root of the matter, the case would be fit for review. Therefore, we need not even ask the review applicants to demonstrate that the order passed by this Court suffers from an error apparent on the face of the record or any other ground which may justify a review. Hence, the review application is allowed. - Decided in favour of review applicant
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