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2016 (6) TMI 909 - CESTAT CHENNAI

2016 (6) TMI 909 - CESTAT CHENNAI - TMI - Rectification of mistake in the order - request for release of the goods - It is noticed that this Bench has not passed the order in the appellate side. Learned counsel explains that the Technical Member who was the author of the order has retired in the meantime. However, the Judicial Member is continuing in this Bench. Therefore, he prays that as expeditiously as possible, MA(ROM) may be listed for hearing without causing any detriment to the interest .....

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its reply so that the Tribunal may make alternative arrangement for hearing the MA (ROM) as expeditiously as possible when the live consignment is in the custody of customs. - C/EH/40366/2016 in C/41936/2013 - Misc. Order No. 40229/2016 - Dated:- 18-5-2016 - Shri D.N. Panda, Judicial Member and Shri V. Padmanabhan, Technical Member Dr. G.K. Sarkar, Advocate for the Appellant Shri L. Paneerselvam, AC (AR) for the Respondent ORDER Learned counsel says that the present application has been filed to .....

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d not take cognizance of the arguments made by the learned counsel on behalf of the appellant. Specifically he draws attention to para 3 of the appellate order dated 23.12.2015 to highlight how mis-carriage of justice has been caused by Tribunal. He relied on para 17 and 18 of the adjudication order to say so. He states that DRI has suspicion without any evidence to proceed for investigation. This comes out from para 17 of the adjudication order and they biased the adjudicating authority. Relyin .....

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that caused detriment to the justice and the adjudication order has travelled beyond show cause notice as well as law. Even argument on this count made by appellant was ignored by the Bench hearing the appeal. 2.3 Further contention of the learned counsel is that the judgments cited at page 4 of the appellate order did not get any consideration for no discussion thereon nor ratio laid down was followed by the Bench. His further grievance is also that the appeal was heard on 26.6.2015 and few day .....

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t transpires that the appellant has been aggrieved for the mistake of the court. However, that shall be looked into in detail when the ROM application is argued. 4. It is noticed that this Bench has not passed the order in the appellate side. Learned counsel explains that the Technical Member who was the author of the order has retired in the meantime. However, the Judicial Member is continuing in this Bench. Therefore, he prays that as expeditiously as possible, MA(ROM) may be listed for hearin .....

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