SUMITA DUTTA Vs. PRINCIPAL SECRETARY OF EXCISE

JUDGEMENT

(1.) This is an application filed by the appellant for recall and / or modification of the judgement and order dated 16 May 2018 passed by a co-ordinate Bench of this Court of which one of us (Arijit Banerjee, J.) was a member, disposing of MAT 1574 of 2017. By the said judgement and order, the order of the learned Single Judge was affirmed and the appeal was dismissed.

(2.) Although, in the cause title of this application it was initially mentioned that the application is also for review of the Division Bench order dated 16 May, 2018, when the matter was taken up for consideration on 19 June, 2019, learned advocate representing the appellant/applicant submitted that this application is essentially for modification and/or recall of the order dated 16 May, 2018 and not for review. As such, we directed the advocate on record of the applicant to correct the cause title of the papers before us by deleting the word 'review' wherever it appeared. This was duly done by learned advocate on record for the applicant.

(3.) The brief facts of the case leading to the present application are as follows.