RAMA TIMES, DELHI Vs. CCE, NEW DELHI

JUDGEMENT

(1.) Matter called. There is no representation for the applicants. However, their request in writing has come on record seeking adjournment. The respondents are represented by ld. JDR Shri Swatantra Kumar.

(2.) As rightly pointed out by ld. JDR, this application has been filed seeking rectification of interim order (stay order passed by the Bench) and such an application is not maintainable under Sub -section 2 of Section 129B of the Customs Act. The said provision of law contemplates only rectification of mistakes in the orders passed by the Tribunal under sub -section 1 of Section 129B. Any stay order passed by the Tribunal directing the appellants to make pre -deposit of any amount for purposes of hearing the appeal on its merits is an order passed under Section 129E of the Act and not under sub -section 1 of Section 129B. It follows that stay orders of the kind under reference are not rectifiable under Section 129B(2) of the Customs Act. The present application is, therefore, clearly not maintainable and the and the same is rejected. (Dictated and pronounced in the open Court.)