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TMI Blog2008 (9) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... al circumstances and this would be apparent from going through the orders passed by this Court on 04.12.2007 and 29.01.2008. In the order dated 04.12.2007 it is noted that after the final order was passed by the Tribunal on 25.07.2000, a rectification application had been filed by the appellant on 10.11.2002, which was dismissed for non-prosecution on 22.03.2004 The order dated 22.03.2004 noted that the application was listed for hearing on 13.02.2004 when the learned counsel appeared on behalf of the appellants and the matter had been adjourned in his presence to the adjourned date i.e., 22.03.2004 3. The order dated 04.12.2007 passed by this Court further notes that the appellants filed another application for rectification but that appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and indicated that in case of non-compliance of its orders, it would have no option but to take coercive steps. The matter was renotified for 29.01.2008. 6. On 29.01.2008 the original file had been produced by the Registrar (Mr S. Chandran) of the Tribunal, who was also present in person. 7. After examining the record available in the original file and particularly page 73 thereof this Court noted that the following handwritten order had been passed:- "Heard both sides. [Gold allowed to be redeemed on payment of a fine of Rs. In case gold is already sold and hence it cannot be so redeemed. As the gold is sold be allowed to be redeemed and the redemption fine is determined to be Rs 1.5 lakhs. As the gold is no longer available this amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and to indicate the detailed facts so that this Court could take appropriate steps. 9. The President of the Tribunal has submitted a report dated 31.03.2008. The material portions of the report read as under:- "4. It appears to me that after hearing the parties, the Members of the Bench tentatively decided to release the seized gold on payment of redemption fine or, at least, Shri G. R. Sharma decided. However, some difference of opinion apparently was there, or had arisen, which is evidence from the fact that the words "gold allowed to be redeemed on payment of a fine of Rs." Were cut and another order was written to the effect that as the gold is no longer available, the amount may be paid to the appellants, who were its claimants. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri G. R. Sharma directing redemption of the goods or payment of the amount of redemption fine of Rs 1.50 lakhs and, therefore, insisted on to remove the order. The only thing is that he also signed the order, as recorded, which part apparently is not understandable to me. It may not be out of place to mention that the dispute involved in the appeal appears to be contentious one. In the past also, there was difference of mind and as per opinion of the third Member, the matter was referred to Larger Bench. In my respectful opinion, in the facts and circumstances, spelt out above, not much should be read in the alleged alteration to suggest some bad motive or the like. 7. Be that as it may, both Shri G. R. Sharma and Shri A. C. C. Unni ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e particular members who were party to the said proceedings because of the request made by the President of the Tribunal and particularly because the said members have demitted office as members of the Tribunal. However, the Tribunal should ensure that such unsavory incidents should not occur in the course of their conduct of judicial proceedings. It is hoped that the President of the Tribunal shall inform the other members of the Tribunal about the passing of this order. 13. With the above observations we set aside the impugned orders dated 25.07.2000 and 03.06.2005 and remit the matter to the Tribunal for a consideration afresh. The Tribunal will also take note of its decision in the case of Mohit Thakore v. Collector of Customs, New Del ..... X X X X Extracts X X X X X X X X Extracts X X X X
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