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1998 (3) TMI 139 - SC - Central ExciseWhether the orders of dismissal/disposal of Notices of Motion 400/92 and 503/92 had been vacated and these Notices of Motion had been restored to the file? Held that:- We are distressed that the High Court should have passed orders allowing Notices of Motion 400/92 and 503/92 when these Notices of Motion had already been dismissed in 1993. We are distressed that the Union of India (the respondents) did not bring it to the knowledge of the Division Bench when the judgment and order under appeal was delivered, or thereafter, that these Notices of Motion had already been disposed of and that it contested these appeals. The appeals are allowed, with costs. The judgment and order under appeal is set aside. It is made clear that the earlier orders dismissing Notice of Motion 400/92 and disposing of Notice of Motion 503/92 are the operative orders thereon.
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