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2015 (9) TMI 1263 - CESTAT CHENNAI

2015 (9) TMI 1263 - CESTAT CHENNAI - 2015 (325) E.L.T. 406 (Tri. - Chennai) - Rectification of mistake - final order was not dictated in the open court in the presence of the consultant who appeared for the case but only pronounced as dismissed and detailed order was to follow since an abbreviation DOF is recorded against the order recorded in order sheet as dismissed - Held that:- It is appreciable that no one should suffer for the mistake of the court. But this Bench is handicapped to totally .....

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eerselvam, AC (AR) For the Respondent : Shri C. Saravanan, Advocate ORDER Learned counsel Shri C. Saravanan for respondent submits that it was to his utter surprise he found that Final Order No. 1182/2005 dated 1.9.2005, came up from Tribunal allowing Revenues appeal although, in the open court, it was ordered that the appeal of Revenue was dismissed as per his instruction. He further says that he has verified record of the court and found that the order appearing in the order sheet dated 1.9.2 .....

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the presence of the consultant Shri V. Ravindran who appeared for the case but only pronounced as dismissed and detailed order was to follow since an abbreviation DOF is recorded against the order recorded in order sheet as dismissed. Therefore, he prays for correction of the final order to result in dismissal of appeal of Revenue. According to learned counsel, once the result of the appeal was pronounced in the open court as dismissed that should not have resulted with allowing Revenues appeal .....

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