RAM KUMAR AGARWAL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) In this application, the Revenue claims that there is a mistake apparent on Final Order No. A/688/2001 -NB(SM), dated 15 -5 -2001 [2001 (138) E.L.T. 505 (Tri.)] The applicant is represented by the learned DR. There is no representation for the party in spite of notice. However/ their objections in writing to the ROM application are on record.

(2.) Heard the learned DR and examined the objections of the party. The Final order ibid had been passed by this Bench allowing the appeal of the party after noting that the show cause notice which had given rise to the litigation had already been quashed by a learned Single Judge of the High Court of Madhya Pradesh as per judgment dated 15 -11 -2000. In the present application, it is submitted that the applicant has preferred appeal against the order of the Single Judge of the High Court and obtained stay from a Division Bench of the Court. It is however conceded that the stay order passed by the Division Bench was not placed before this Tribunal when the Final order dated 15 -5 -2001 was passed. Nevertheless, it is contended that the Final order ibid passed by the Tribunal is based on "an error apparent on the face of the records".

(3.) Even though it was prima facie felt that there was no valid ground for allowing the ROM application, the Bench directed the learned DR to bring on record a copy of the stay order passed by the Division Bench of the High Court. Subsequently, the matter was adjourned from time to time to enable the learned DR to comply with the direction of the Bench. Ultimately the learned DR has filed today a copy of the letter [C.No 1(10)LC -IV/9/90/1756], dated 1 -8 -2002 of the Indore Commissionerate addressed to the CDR. This document shows that the appeal filed by the Department against the judgment of the learned Single Judge of Madhya Pradesh High Court is still pending with the Division Bench of that Court. There is no averment in this letter as to whether there is any stay, from the Division Bench, of the operation of the judgment of the learned Single Judge. No such order of stay has been brought on record either.