ROM - Rule 31A of CESTAT (Procedure) Rules, 1982 - ‘same Bench to hear' means to be heard by same Members
IN the present case, the applicant has filed a ROM application against a final order passed by the CESTAT.
It is his submission that in the appeal before the CESTAT he had submitted that he was a bona fide purchaser of a transferable licence without the knowledge of fraud and he had not cleared the goods imported under the said licence and had requested for re-export of the same; that the order was passed by the adjudicating authority in violation of principles of natural justice and, therefore, had requested the Bench for setting aside the order.
However, even though the Bench had noted these submissions in the findings it has been recorded that the importers (transferees of licence) very well knew that the original licence issued was a licence with actual user condition and the same is not transferable.
This observation, the applicant says, is erroneous and hence the ROM has been filed with a prayer to recall the final order.
The Division Bench before whom the matter was posted observed -
“3. Inasmuch as the original order has been passed by a bench consisting of the undersigned as Member (Technical) and Shri Ashok Jindal, Hon'ble Member (Judicial), the ROM has to be heard by the same bench. Accordingly, we direct the Registry to list the ROM before the same bench.”