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2017 (5) TMI 336 - HC - Central ExciseWhether the Respondents having once failed in their attempt to get the CCESC reopen the proceedings by invoking Section 32 K(3) of the CE Act, could have again gone before the CCESC with another application on the same grounds and asking for an identical relief, namely, annulment of the final order dated 14th December, 2015 passed by the CCESC? Held that: - Whatever may be the grounds, which are pleas of the Respondents, may have been justified, the Respondents did make an attempt by filing an application before the CCESC by invoking Section 32 (K)(3) of the CE Act. That attempt was not successful. With that attempt having failed, as is made clear by the communication dated 16th December, 2015, the next course available to the Respondents was to file a writ petition before this Court in which they could have questioned both the earlier order dated 14th October, 2015 and the subsequent order dated 16th December, 2015. However, going back to the CCESC six months thereafter with another application seeking the same relief, was impermissible in law. There is no question of a party going repeatedly before the CCESC with an application for identical prayer, once having failed before the CCESC. Recognising such a remedy would be fraught with grave consequences as it will give unbridled powers to the CCESC to get the review order over and over again. Petition dismissed.
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