No double orders by the Principal Bench - TIOL gets the Restoration of Appeal order from Revenue
Within a few hours of our yesterday's story on the CESTAT Principal Bench double orders in case of M/s Padmini Polymers, TIOL received feedback that the CESTAT had in fact recalled the earlier order and restored the Appeal Numbers 818 and 819 of 2004. The first order was an ex parte order and the appellant filed application for restoration of the Appeals on the ground that on the date of hearing, the counsel was arguing before the other Bench and he could not appear at the time of hearing of the appeal. Therefore the Final Order dated 31.5.2006 dismissing the appeal was recalled and appeal was restored to its original number and was tagged with the Department's Appeal. So the appeal was not decided twice as reported.
While thanking the CDR's office for the prompt response to the story, it is surprising that the counsel arguing before another bench did not seek a 'pass over' in this bench and the Tribunal's third order does not make any mention about the second order (restoration).
Please see the full text of the Restoration of Appeal Order -