Application for ROA dismissed as no clearance from COD is obtained even today
APPLICANT is a Public Sector Undertaking and they had filed an appeal before the CESTAT in the year 1997 against an Order-in-Appeal.
However, the Appeal was dismissed on 18.11.2003 with liberty to file application for the restoration of appeal if clearance from COD is received by the appellant.
Now after more than nine years, an application for ROA is filed by the PSU on the ground that clearance from COD is no more required in view of recent Apex Court judgment in the case of Electronics Corporation of India ltd. vs. Union of India - ().
The Bench observed-
"3. In this case, appeal was filed in 1997. Appeal was dismissed in 2003 as clearance from CoD could not be obtained. Even today no such clearance is received. Apex Court recent judgment is not of any help in such a situation.
Application for restoration of appeal is, therefore, dismissed.”
See
Also see where the Committee on Disputes declined permission to pursue the appeal.