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TMI Blog2017 (9) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent ORDER The above appeal was listed for hearing on 17.7.2017 and was adjourned to this day on request by the counsel for the appellant. The matter has been remanded by the Hon'ble High Court vide judgment dated 11.9.2014. 2. In this appeal, originally a docket order was passed on 3.6.2009 whereby the Tribunal had partly allowed the appeal by reducing the penalty imposed from Rs. 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y " 3. Thus, it is seen that the' High Court on appeal by the appellant herein, has set aside the second order (imposing a penalty of Rs. 6 lakhs) and has remanded the matter to the Tribunal to look into and verify and record whether the first order is supported by reasons and if so, whether it has been withdrawn. We therefore first proceed to verify and record as to whether the first o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rusted to Member (Technical) for drafting orders. Later, on 31.8.2009, the Member (Technical) has addressed to Member (Judicial) requesting for rehearing the matter. A copy of this letter is seen issued to Hon'ble President of CESTAT, New Delhi, Member (Technical), CESTAT, Chennai and Assistant Registrar, CESTAT, Chennai. c. On 7.9.2009, the Deputy Registrar, Chennai has addressed to Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . f. On 23.10.2009, an endorsement was made on this letter by Member (Judicial) to obtain clarification from President since more than four months have elapsed after the hearing date. On the same date, the Registrar, CESTAT, New Delhi has issued letter to Deputy Registrar, CESTAT, Chennai, which is received in CESTAT, Chennai on 3.11.2009 stating that since the period of three months ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case presents a peculiar situation which needs to be resolved to give finality to the litigation. We therefore are of the considered opinion that the appeal filed by appellant Shri Haren Choksey having been remanded, has to be heard on merits. 7. The learned Senior Counsel appearing for the appellant states that he is not ready with the matter to argue on merits and requested time. The c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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