JYOTI AGARWAL Vs. COMMISSIONER OF CUS., CALCUTTA

JUDGEMENT

(1.) IN this miscellaneous application the applicant seeks rectification of mistake in the Order No. A -1935 -Cal/2000, dated 27 -11 -2000 [2001 (137) E.L.T. 532 (T)] of this Bench of the Tribunal.

(2.) SHRI Jyoti Agarwal, arguing himself, submits that in the appeal a prayer was made for a specific relief in the form of interest to be paid to him on the Indian currency of Rs. 33,500/ - which was seized by the department for alleged violation of the provisions of the Foreign Trade (Development and Regulation) Act, 1992. He points out that despite the said prayer, the Tribunals order dated 27 -11 -2000 did not contain any direction in that regard. In this connection, he invites attention to the decision of the Tribunal in the case of Ram Kumar Kamal Kumar v. CCE, Calcutta - 1999 (112) E.L.T. 937 (T), in which, under similar circumstances, interest was allowed on the seized amount and the MA (ROM) filed in that case was allowed by way of inserting an additional paragraph to the Tribunals earlier order dated 27 -11 -1998. He, therefore, prays that similar relief may also be extended to him by allowing the present Miscellaneous Application.

(3.) SHRI V.K. Chaturvedi, ld. SDR appearing for the Revenue submits that normally the Customs department does not keep the seized Indian currency in the Bank so as to earn interest. However, in this particular case he is not aware whether the seized currency has earned any interest.