IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.45 of 2007 Commissioner of Central Excise, 3rd Floor, C.R. Annex Building, Birchand Patel Path, Patna-800001. ….Appellant /Appellant. Versus Indian Oil Corporation Limited, Barauni, District-Begusarai, Bihar. …..Respondent/Respondent. For the Appellant : Mrs. Nivedita Nirvikar & Mrs. Archana Sinha, Advocates. For the Respondent : Mr. D.V. Pathy, Advocate. ----------- 6 16-09-2010 Heard the parties. Today, we have disposed of M.A. No.43 of 2007 and while partly allowing that appeal, we have clarified that the words “appeal rejected” occurring at the end of the order dated 04.07.2006 passed by the learned Tribunal in Central Excise Appeal No. E-749/2002 is an apparent error. After correcting that part of the order it has been clarified that the said appeal will be considered on merits and will be treated to be pending before the Tribunal. From the submissions of the parties, it is clear that this appeal has arisen from an order dated 14.07.2006 in Appeal No. E-748/2002 and by the order under appeal the Tribunal has dismissed the appeal only - 2 - on the basis of order dated 4.7.2006 passed in Appeal No.E-749/2002. Since the appeal against order dated 04.07.2006 in Appeal No. E- 749/2002 has been allowed in part and the said appeal is to be decided on merits, the order under appeal in this case is also set aside and the matter is remitted back to the learned Tribunal for fresh decision in accordance with law. sk (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J. )