TMI Blog2019 (2) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 5-2-2019 - Mr. Justice K. Ravichandrabaabu For the Petitioner : Mr.Hari Radhakrishnan For the Respondents : Mr.TV Krishnamachari Senior Panel Counsel for Central Government ORDER Mr.TV Krishnamachari, learned Senior Panel Counsel for Central Government takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself. 2. The petitioner seeks for mandamus, directing the second respondent to pass orders on merits with respect to review applications dated 23.09.2014 filed by the petitioner against the Orders-in-Original dated 04.08.2011 and 01.10.2012. 3. The petitioner suffered two orders-in-original dated 04.08.2011 and 01.10.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed by this Court in the above writ petitions would show that the reason stated for not considering the review applications cannot be sustained. For clarity, the relevant paragraph Nos.5, 6 7 of the order passed in W.P.Nos.316 421 of 2013 are extracted here under: 5. The petitioner, instead of filing an appeal, has filed the review and hence, by order dated 3.12.12, the authority had rejected the review petition by stating that the petitioner had not filed an appeal under Section 15 of the Act and hence the order is sustainable is the contention of the learned counsel for the respondents. 6. For the sake of convenience, the provisions of Section 15 and 16 of the Act are extracted below:- SECTION 15. Appeal (1) A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, if any, as it may consider necessary, make such orders as it thinks fit, confirming, modifying or reversing the decision or order appealed against, or may send back the case with such directions, as it may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary: Provided that an order enhancing or imposing apenalty or redemption charges or confiscating goods (including the goods connected with services or technology) of a greater value shall not be made under this section unless the appellant has been given an opportunity of making a representation, and, if he so desires, of being heard in his defence. (3) The order made in appeal by the Appellate Authority shall be f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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