Order

Delay condoned.

Issue notice.

2. Learned Counsel for the respondent appears and takes notice.

With the consent of the learned Counsel for the parties, the matter is heard finally.

Leave granted.

3. Vide judgment dated 14.5.2003 the Tribunal disposed of an appeal, the operative part whereof reads as under,

“The Larger Bench has thus divided the period into two parts–

(1) cases where refund claim has been filed prior to 1.3.1997 in which situation refund is admissible; (2) cases where refund claim has been filed on or after 1.3.1997 in which situation the refund will not be allowable as Modvat Credit stands lapsed on 1.3.1997. As in the present matter, the refund claims have been submitted much prior to 1.3.1997, they are entitled for the same. Accordingly, we set aside the impugned order and allow the appeals with consequential relief.”

4. The Revenue filed a special leave petition against the said order which was dismissed by this Court on 6.2.2004.

5. It appears that a grievance was raised before the Tribunal that refund in compliance with the order of the Tribunal which has achieved finality is not being granted. By the impugned order, the Tribunal has directed the Revenue to grant r