PERFECT INDUSTRIES Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) IN the instant case the applicant has filed an application stating that a mistake has crept in the final order of the Tribunal which may be rectified.

(2.) THE facts of the case are that the applicant was directed to deposit a sum of Rs. 30 lakhs within a period of three months from the date of the order and to report compliance on 10 -7 -1997. The applicant filed a Misc. application for modification of the stay order. The Misc. application for modification of the stay order was rejected. The applicant, however, was given a further time of 12 weeks to make a pre -deposit and to report compliance. The applicant did not make the pre -deposit and therefore, the appeal was dismissed for non - compliance of the provisions of Section 35F of the Central Excise Act, 1944. The applicant has now filed the petition stating that since a mistake has crept in, in the Tribunal's order, the same may be rectified.

(3.) ARGUING the case for the applicant Shri A.K. Jain, ld. Counsel submits that the Hon'ble Bombay High Court in the case of B.D. Steel and Traders v. U.O.I. reported in 1998 (103) E.L.T. 218 held.