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2016 (6) TMI 909 - AT - CustomsRectification of mistake in the order - request for release of the goods - It is noticed that this Bench has not passed the order in the appellate side. Learned counsel explains that the Technical Member who was the author of the order has retired in the meantime. However, the Judicial Member is continuing in this Bench. Therefore, he prays that as expeditiously as possible, MA(ROM) may be listed for hearing without causing any detriment to the interest of justice since goods are lying in the custody of the customs for five years. Held that:- To the aforesaid propositions, Revenue's objection is that the application for rectification of mistake prays for restoration of the appeal for re-hearing which is not permitted by law for which Revenue shall file reply if one month time is allowed. - We make it clear that we do not propose to deprive Revenue from filing its reply. But in all fairness, Revenue should come up within two weeks to file its reply so that the Tribunal may make alternative arrangement for hearing the MA (ROM) as expeditiously as possible when the live consignment is in the custody of customs.
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