Customs, Excise and Gold Tribunal - Delhi
Commissioner Of Central Excise vs Sun Beverages (P) Ltd. on 31 December, 1999
Equivalent citations: 2000(119)ELT640(TRI-DEL)
ORDER S.S. Kang, Member (J)
1. Respondent filed this misc. application for rectification of mistake and for recalling the Final Order No. 899/98-D, dated 30-10-1998 passed by the Tribunal. Learned Counsel appearing on behalf of the Respondent submits that the Final Order was passed in the absence of the Respondent. Therefore it is an Ex-party order. He submits that on 30-10-1998 when the case was fixed for arguments no request for deciding the appeal on merits is made by the Respondent. He, therefore, submits that the Final Order be recalled.
2. Heard learned JDR and perused the record. The appeal filed by the Revenue was fixed for 30th October, 1998 for arguments. On that day Shri Abhay Singh, Clerk of Advocate of Shri A.K. Jain appeared on behalf of M/s. Sun Beverages (P) Ltd. present applicant submitted written submissions on behalf of M/s. Sun Beverages (P) Ltd. and requested to decide the appeal on merits. The written submissions on behalf of present Respondent were on record which was duly signed by Shri A.K. Jain, Advocate. The Tribunal after taking into consideration the written submissions and case law relied upon by the Respondent in their written submission decided the appeal. The Respondent is not denying the fact that they had not submitted the written submissions on 30-10-1998. If the respondent was asking for date then there was no need for filing the detailed written submissions. The contention of the applicant is that the Clerk of the Respondent was not instructed to request the Court to decide the appeal on merits. In support of this Shri Abhay Singh is not coming forward with any statement or otherwise. Therefore, as the appeal was decided as per the request of the Respondent, we find no force in the present application and the same is rejected.