2016 (8) TMI 1326

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..... adra Reddy, JC (AR), for the Respondent. ORDER [Order per : D.N. Panda, Member (J)]. - It is submission on behalf of the appellant that at the time of withdrawal of the appeal the appellant was of the view that there was no cause to pursue the appeal. The appeal was dismissed as withdrawn vide Final Order No. 40355/2014, dated 27-6-2014. 2. Today, it is mentioned on behalf of the appellant .....

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..... ent cause of action arises. There was no such leave granted. The appellant on its own withdrew the appeal without praying for a leave with a right to be exercised in future in the event any cause arises. 6. We have perused the judgment of the Hon'ble Supreme Court in the case of M.K. Mohammed Kunhi (supra). It is in respect of the question whether express grant of statutory power takes withi .....

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..... recalling the appeal dismissed as withdrawn earlier would be abuse of the process of law when the appellant has exercised its own choice to withdraw the appeal without leave being granted by the Tribunal for mention in future. 8. Accordingly, MA (ROA) is dismissed. So also the other miscellaneous application is dismissed. (Dictated and pronounced in open Court)
Case laws, Decisions, Jud .....

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