2018 (7) TMI 1518

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..... The petitioner, in fact, bona fide pursued his remedy here, and this Court now holds that the petitioner’s remedy lies elsewhere before the appellate authority - Fairness demands, under these circumstances, that the petitioner be given time to approach the appellate forum. In the meanwhile, the respondent should not take steps that may render the petitioner’s statutory remedy illusory. The res .....

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..... petitioner submitted Ext.P9 application for rectification, under section 43 of the Act. 3. First, the petitioner approached this Court, seeking a modified order from the respondent authority, under Section 43 of the Act. Then, after getting Ext.P10 judgment, the petitioner produced it before the first respondent, who issued a revised notice to the petitioner. Again, the petitioner submitted Ext .....

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..... etitioner has an efficacious alternative remedy under Section 34 of the Act. According to him, it is open for the petitioner to raise all objections before the appellate authority, as he did in this writ petition. 7. Indeed, the petitioner contended that the first respondent, while issuing Ext.P12 order, ignored a binding decision of this Court. Granted, this Court, on an earlier occasion, rend .....

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