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13. Shri Lakshmi Kumaran thereafter referred to paras 3 and 8 of the decision of the Tribunal in the case of Ballarpur Industries (supra) and submitted that the Tribunal had held in this case that the plant which was designed for processing wood, though bamboo could also be processed, could not be treated as a plant for making bamboo pulp because the requirement of chippers for wood and bamboo were totally different. He relied on the following portion of the order:

7. ...According to Shri Narasimhan, the plant installed may be capable of crushing bamboo but only hard and soft woods were being crushed and the benefit of the Notification would be available. In support of his contention, he relied on the affidavit of the Plant Manager filed before us to the effect that the plant was commissioned in 1960 and was basically designed to process hard wood, soft wood, grasses and agricultural residues. It is affirmed that right from its inception it was not designed to process bamboo as raw material for making pulp. He also relied on the technical opinion furnished by the Institute of Paper Technology, Saharanpur, to the effect that the requirement of chippers for wood and bamboo are totally different, especially in design of feed system, number and angle of knives and type of rechipper to be used. Shri Jain SDR on the other hand, pointed out that the Assistant Collector had sworn to an....SC. P. 857