TMI Blog2009 (7) TMI 925X X X X Extracts X X X X X X X X Extracts X X X X ..... i Ravi Raghvan, Advocate, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. - Heard. The applicant seeks modification of the order dated 4-2-2008 passed by the Tribunal in Excise Appeal No. 2416/07. 2. It is the contention on behalf of the appellant that in para 7 of the said order, it has been recorded Thereafter moulds and dies were received back in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 5-2-2009, the present application has been filed. 6. The order dated 5-2-2009 nowhere permits the appellant to file an application beyond the period of limitation. The law is well settled that the statutory period prescribed for initiating action in a Court or Tribunal cannot be extended by any Court or Tribunal, as the case may be. The discretionary power is vested in the Tribunal to condone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f materials on record, can be rectified only by the appellate authority. When there is error apparent from record that can be the subject matter of modification. That being not the case in the matter in hand, the question of modification of the order does not arise. 8. It is pertinent to note that the order was dictated and pronounced in the open Court. Even if there was factual mistake in recor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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