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2010 (6) TMI 191 - HC - CustomsReference to third member- Matter referred to third member on difference of opinion. One member of referral bench retired while matter being litigated by petitioner on absence of statement on specific point of difference. Point of difference drawn by another member of original Bench as per direction of president. Bench which originally heard appeal, not in existence on retirement of one of the members. President required to assign appeal to Division Bench instead of asking one of the members to state points of difference. Held that- order made by president to formulate difference of opinion and consequent order contrary to provisions and bad in law and hence, set aside. Appeal to be heard by Division Bench.
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