Per Harish Chander :

The present Rectification of Mistake application emerges from the Tribunal's order No. Misc. 357/87-NRB and Final Order No. A/287/93-NRB dated the 25th July, 1989. Shri B.D. Bhagat, the learned JDR, has appeared on behalf of the applicant/respondent. He reiterated the contentions made in the application and pleaded that though 864 witnesses have been mentioned in the order, actually 110 persons were relied upon by the Department. He pleaded that the Tribunal may modify its order by substituting the figure 110 against the figure of 864. Shri Bhagat also pleaded that the Member (Technical) Shri P.C. Jain to whom the point of difference was referred in para 8 of the order has mentioned that "Having gone through the entire evidence on record. I am of the view that a serious prejudice is likely to be caused to the appellants if they are not given the opportunity to cross-examine the statements of person on whom the Department relies. Accordingly I agree with the learned Judicial Member and consider that the case is fit for remand as ordered by him". Shri Bhagat further pleaded that the intention of the observations of Shri P.C. Jain, Technical (Member) is to all