2004 (9) TMI 660

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..... Learned Counsel Shri Dharmadhikari submitted that the same Appellate Tribunal by its order dated 27.11.2001 passed the conditional stay order in favour of the Appellant on the point of jurisdiction, however, while disposing of the main Appeal finally on 30.1.2004 another member of the Appellate Tribunal observed in Para : 10 of its impugned order that... "Though at the time of stay applicat .....

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..... e Judgment of the Hon'ble Supreme Court, in the case of State of Maharashtra v/s. Ramdas Shrinivas Nayak, reported in AIR 1982 SC 1249, was brought to the notice of learned Counsel Shri Dharmadhikari then, we must say that in fairness to the Court, he submitted that the best course for the Appellant is to first approach the learned Appellate Tribunal by way of Review. Therefore, he sought perm .....

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..... lay then we are sure that having regards to the facts and circumstances of the case the learned Tribunal, after condoning the delay, will entertain the Review Application and try to decide the same on merit as early as possible, preferably by November 30, 2004. Accordingly, permission is granted to withdraw this Appeal. Learned Standing Counsel Shri Malkan, appearing on Caveat, on behalf of the .....

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