M/S Hotline Teletubel Components Ltd. vs Cce Bhopal on 16 February, 2001
In reply the ld. Counsel for the Appellants mentioned that the Appellate Tribunal in second Samtel India case had not considered the fact that Rule 57F(17) started with a "non-obstente clause" which seeks to override Only Rule 57A and 57F(12) and not Rule 57F(13); that further, doctrine of alternative injunction was also not considered; that the matter may, therefore, be referred to Larger Bench of the Appellate Tribunal. He relied upon the decision of the Larger Bench of the Tribunal in the case of CCE Vadodara Vs.Asia Brown Boweri Ltd. 2000(122) ELT 228, wherein it was observed that there is no bar to a Single Member Bench for referring the matter to a Larger Bench differing with the decision of a Division Bench.