DINKAR KHINDRIA Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) WHILE hearing the two appeals filed by (1) Shri Dinkar Khindria and (2) Shri Dinesh Khindria (against the common order -in -original, dated 17 -8 -1993 passed by the Collector of Customs, New Delhi), the following question has been referred by the Bench to the Larger Bench :

(2.) THE matter was heard by the Larger Bench on 28 -2 -2000 when Shri Dveep Ahuja, Advocate submitted that the order in the case of Shri Mohit Thakor be recalled as it was passed without hearing the present appellants whose interests had been affected by that order. By not hearing the present appellants, mistake has crept in that order, which needs to be rectified. He pleaded that the order passed by the Tribunal could be recalled as held by the Tribunal in LML Ltd. v. CCE -1989 (41) E.L.T. 534 (Tribunal).

(3.) WE have carefully considered the reference and have perused the orders recorded by Member (J), Shri S.L. Peeran, by Member (T), Shri J.H. Joglekar, and the order recorded by Member (J), Smt. Archana Wadhawa on the difference of opinion between the members of the original bench. On the ground that there was apparent mistake in the earlier order, dated 6.5.94 in the case of Mohit Thakor v. Collector of Customs, New Delhi - 1994 (72) E.L.T. 865 (Tribunal), Member (J), Shri S.L. Peeran (with whom Smt. Archana Wadhwa, Member (J) concurred), had proposed that the said order in the case of Mohit Thakor required to be recalled. The grounds on which it was concluded that there was apparent mistake in the said order were that the Tribunal : -