TMI Blog2013 (11) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... consequent upon which the Supreme Court recalled its earlier directions on the subject – The order of the Tribunal restoring the appeal was passed in the facts of the present case – Decided against Petitioner. - Writ Petition No. 1197 of 2012 - - - Dated:- 7-3-2013 - D.Y. Chandrachud and A.A. Sayed, JJ. Shri A.S. Rao with Jitendra B. Mishra, for the Petitioner. Shri Aziz Khan i/b Divya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner of Central Excise, Raigad Commissionerate and reads as follows :- Please refer to this office letter dated 20-6-2011 (copy enclosed) issued from file bearing F. No. 390/R/262/09-JC wherein it was clarified that there was no merit in filing the ROM for restoration of appeal in the present case. However, it seems that the application for ROM was filed even before receipt of Board s clarific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court on the ground that appeals seeking restoration of dismissed appeals by citing the said Restoration Order as precedence should not be allowed to maintain judicial discipline. Necessary action may accordingly be taken. This issues with the approval of Member (L J). 3. We see no reason to entertain the petition. As the law now stands, in view of the judgment of a Constitution Bench o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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