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2012 (4) TMI 185 - MADRAS HIGH COURTJurisdiction of High Court to entertain appeal against order of Appellate Tribunal – gist of the decision pronounced without detailed order by CESTAT in open court – direction issued to Member(Technical) to draft detailed order who posted the matter for re-hearing – on writ petition filed by assessee, Court directed Tribunal to pass detailed order in line with pronouncement made in the open Court and gist of the decision recorded and signed on 04.6.2009 - Held that:- High Court has no power to entertain an appeal filed against the order of the Tribunal and if the parties are aggrieved, they should have approached the Supreme Court by way of appeal u/s 130-E of the Customs Act instead of resorting to invoke Article 226 of the Constitution of India when the jurisdiction of this Court has been ousted by Act 49 of 2005 from 28.12.2005. Therefore, earlier writ petition allowed is dismissed as not maintainable and the Writ Appeal stands allowed.
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