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2017 (7) TMI 1142 - CESTAT MUMBAIRectification of mistake - Aggrieved by the inadequacy of the determination in the adjudication order, Revenue filed appeal which was disposed of in order no. A/85277/17/SMB dated 14th September 2016 by dismissal - Held that:- It is ascertained from the record that the appeal of the applicant against the order-in-original had been heard by the Division Bench of this Tribunal on 18th August, 2016 and from a perusal of the records it is seen that the they were not represented in that proceeding also, just as they were not represented in the proceedings for disposing off the appeal of Revenue. The applicant appears to be seeking rectification of the order of the Division Bench by the present application to overcome the rigours method in section 129 of the Customs Act, 1962. This is certainly mis-placed. The applicant had the opportunity of raising these very same issues that are now raised in this miscellaneous application before the Bench hearing their appeal. The contentions of the applicant not being relevant and no additional detriment having been visited upon the applicant by the dismissal of appeal of Revenue, the application is without merit and is, therefore dismissed.
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