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2005 (2) TMI 29 - BOMBAY HIGH COURTRectification of mistake under section 254(2) - petitioner is challenging the order dated August 28, 2003, passed by the Tribunal with regard to a miscellaneous petition filed by the petitioner for rectification of mistake under section 254(2) - After hearing both the sides and considering the facts and circumstances, we are clearly of the view, that the Tribunal ought to have heard the petitioner and also ought to have dealt with the specific contentions regarding factual errors, by giving proper findings. Hence, we do hereby, quash and set aside the said impugned order dated August 28, 2003, and remand back the matter to the Tribunal to consider the said miscellaneous application for rectification of mistakes, to be decided strictly on its own merits in accordance with law after affording an opportunity of hearing to the petitioner
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