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2024 (2) TMI 594

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..... ation, the Petitioner could very well approach the Principal Bench by filing an Appeal in order to redress grievances. The Petitioner may file such an Appeal before the Principal Bench and if in the meantime the Members are appointed by the State Bench at Goa, such an Appeal could be relegated to the State Bench for the purpose of adjudication. The contentions of the Petitioner will be kept open in such circumstances. In view of the fact that the Petitioner is having an alternate efficacious remedy by way of filing an Appeal against the impugned Order, the Petition could be disposed of by granting liberty to the Petitioner to approach the Appellate Authority constituted under section 109 of the Central Act. Petition disposed off. .....

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..... rt of the three months period shall be considered to be the later of the following dates:- (i) date of communication of order; or (ii) the date on which the President or the State President, as the case may be, of the Appellate Tribunal after its constitution under section 109, enters office; (b) the six months from the date on which the said order has been passed in sub-section (3) of section 112, the start of the six months period shall be considered to be the later of the following dates:- (i) date of communication of order; or (ii) the date on which the President or the State President, as the case may be, of the Appellate Tribunal after its constitution under section 109, enters office 2. By this order .....

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..... 9 Jammu and Kashmir 1 Jammu and Srinagar 10 Ladakh 11 Jharkhand 1 Ranchi 12 Karnataka 2 Bengaluru 13 Kerala 1 Ernakulum and Trivandrum 14 Lakshadweep 15 Madhya Pradesh 1 Bhopal 16 Goa 3 Mumbai, Pun .....

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..... 31 Assam 32 Manipur 33 Meghalaya 34 Mizoram 35 Nagaland 36 Tripura 4. At Serial No.16 the State of Goa is referred with regard to constitution of State Bench at Panaji. It also refers to the other benches constituted in the State of Maharashtra. 5. Mr Priolkar submits that right to file appeal is protected together with limitation as provided in the order of 2019 quoted above. 6. .....

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..... e Principal Bench, he will be loosing an opportunity to challenge it before this Court. 6. The fact remains that by way of notification issued by the Government, State Bench is already notified at Goa on 14.09.2023. It is no doubt true that the State till date failed to constitute the Members of the State Bench by appointing such Members as provided under Section 109(4). 7. The fact remains that the Principal Bench is functioning. When the State Bench is not in operation, the Petitioner could very well approach the Principal Bench by filing an Appeal in order to redress grievances. 8. The Petitioner may file such an Appeal before the Principal Bench and if in the meantime the Members are appointed by the State Bench at Goa, such an .....

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