ZAKI ISHRATI Vs. COMMISSIONER OF C. EX., KANPUR

JUDGEMENT

(1.) THIS is an application for rectification of alleged mistakes in Tribunal's Final No. 510 of 2010 -SM 24 -4 -10 [2010 (255) E.L.T. 545 (Tribunal)].

(2.) This application has been filed under Section 129B(2) of the Customs Act, 1962. When the matter was heard earlier on 7 -1 -11, the grounds urged by the learned Advocate were found to be different from what was contained in the ROM on records. On query from the Bench, the learned advocate submitted that they had filed a revised ROM and accordingly the matter was adjourned and heard the revised ROM application at length on 29 -4 -2011. After the hearing was over, both sides sought time to file written submissions. Learned Advocate filed written submissions on 4 -5 -2011 and learned DR filed written submission on 24 -5 -11. Learned Advocate also filed rejoinder on 7 -6 -11.

(3.) 1 An application was originally filed on 8 -6 -10 and the same was admittedly a wrong application and a correct application was filed on 14 -6 -10. There are wide variations in the contents and tenor of the applications received on 8 -6 -1C and 14 -6 -10. Further these applications have been filed by Shri Zaki Ishrati. He claims that several points argued by the learned Advocate before the Tribunal were not considered. How he came to know that certain submissions argued at the time of personal hearing by his advocate were not considered by the Tribunal has not been revealed.