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2018 (6) TMI 309 - AT - Central ExciseJurisdiction - Recall of order - whether the applicant had sufficient cause to seek restoration of appeal, which was disposed of by the bench on merits? - Held that:- In Hon'ble High Court of Rajasthan in the case of Kamdhenu Cement Ltd. [2013 (10) TMI 1296 - RAJASTHAN HIGH COURT] and the Hon'ble High Court of Punjab and Haryana in the case of Rajesh Kumar Gupta [2015 (9) TMI 626 - PUNJAB AND HARYANA HIGH COURT] wherein inherent power to recall the orders of the Tribunal has been affirmed - this Bench has power to recall the order dated 28.07.2017. Time Limitation - application for restoration of appeal has been filed beyond the period of three months - Held that:- Though the order of the Tribunal was pronounced in open court on 28.07.2017, the same was dispatched from the Registry on 02.08.2017 and the applicant being a resident of Ichalkaranji in Kolhapur District, may have received the said order after 5 days; on this presumption, the application for ROA filed by the applicant on 09.11.2017 cannot be considered as time barred. The final order dated 28.07.2017 of the Tribunal is recalled and the appeal is restored to its original number with direction to the Registry to list the appeal for final disposal in due course - application allowed.
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