2010 (3) TMI 502

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..... considering submissions raised by petitioner and no reason assigned in support of the view taken by Tribunal. Held that – matter needs to be remanded back to Tribunal for considering afresh. No useful purpose would be served by directing the petitioner to withdraw the petition and file the appeal that too before High Court only. Looking to consensus between the parties, without directing the petit .....

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..... Petition. He, thus, submits that the Petitioner should be relegated to the alternate remedy under the Act. 5. Mr. Jetly is right in contending that alternate remedy by way of appeal is available and the Petitioner should be relegated to alternate remedy. 6. However, while hearing this petition on the preliminary issue, we were taken through the impugned order by the Advocates appearing for the .....

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..... the facts of the present case. He, thus, submitted that the order of Tribunal is slip shot order without considering the submissions raised by the Petitioner and no reasons are assigned in support of the view taken by the Tribunal. 8. On being asked, Mr. Jetly could not support approach adopted by the Tribunal. 9. Under these circumstances, looking to the consensus between the parties, the matte .....

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