TMI Blog2012 (12) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... /405/2009 - 274/2012 - Dated:- 16-2-2012 - S/Shri P.G. Chacko, B.S.V. Murthy, JJ. REPRESENTED BY : Shri M.S. Nagaraja, Advocate, for the Appellant. Shri Ganesh Haavanur, AR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application filed by the appellant seeks restoration of their appeal which happened to be dismissed vide Final Order No. 862/2010 dated 17- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liable to be recalled. In this connection, the learned counsel points out that a coordinate Bench of this Tribunal has taken this view in an appeal filed by the department vide CCE, Raigad v. ONGC Corporation Ltd. [2011 (271) E.L.T. 576 (Tri.-Mum)]. Per contra, the learned Addl. Commissioner (AR) refers to an order passed by another coordinate Bench vide BHEL v. CCE, Bhopal [2010 (254) E.L.T. 527 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal and subsequently the appeal came to be dismissed. Later on, the requirement of PSUs having to obtain the Committee s permission to pursue appeals before the CESTAT came to be done away with in the judgment passed by the Apex Court in the case of ECIL (supra). In that judgment, the earlier judgments which had required PSUs to obtain such permission were recalled. The effect of the recall of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orted by a judgment of the Allahabad High Court in the case of Rajul and Anr. v. State of Uttar Pradesh [1982 (Criminal Law Journal) 635] wherein the effect of recall of judgment or order was examined and it was held that, with a recall of judgment/order, the judgment or order was effaced for all practical purposes. 3. The ROA application is allowed and the appeal is restored to its original nu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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