TMI Blog2014 (11) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... der, is based on the judgment of Hon’ble Madras High Court in the case of Secretary Federation of Bus Operator Association of Tamilnadu vs. Union of India (2001 (4) TMI 7 - HIGH COURT MADRAS) and also the judgment of Hon’ble Punjab & Haryana High Court in the case of CCE, Chandigarh vs. Kuldeep Singh Gill (2010 (4) TMI 283 - PUNJAB & HARYANA HIGH COURT). The plea that the judgments of these High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umar :- These are the ROM applications filed in respect of final order No. 56144-56159 of 2013 dated 25/04/2013 for rectification of mistakes apparent from the record. In the final order dated 25/04/13, the appeals filed by the appellants have been dismissed by relying upon judgments of the Tribunal in the case of Deepak Transport Bus Service vs. CCE, Pune - III reported in 2012 (27) S.T.R. 35 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case. 2. Heard both the sides. 3. Shri Jatinder Mohan, Consultant, the learned Counsel for the appellant, pleaded that there is a mistake apparent from the record in the impugned order in as much as the order relies upon the Tribunal s order in the case of Deepak Transport Bus Service vs. CCE, Pune - III (supra) which is only a stay order, that though the order in the case of Deepak Transpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stage, the Tribunal s order, in pursuance of which the matter has been decided by Commissioner (Appeals) in denovo proceedings, cannot be recalled. 5. We have considered the submissions from both the sides and perused the records. 6. Firstly, we find that though the Tribunal s final order relies upon the judgment of the Tribunal in the case of Deepak Transport Bus Service vs. CCE, Pune - II ..... X X X X Extracts X X X X X X X X Extracts X X X X
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