9911796707
TMI Blog1993 (10) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... t being inoperative and inconsistent with the law as laid down by the Hon'ble Supreme Court of India in the case of Maharashtra Tubes Ltd. v. State Industrial and Investment Corporation Ltd. reported in 1993 (1) Scale. 2. On the presentation of the aforesaid two writ petitions the operation of impugned orders was stayed by the learned Single Judge by his order dated 17-3-1993 and rule nisi was issued. 3. After objections were filed, the parties were heard and a consent order was passed by the learned Single Judge on 24-5-1993. 4. Aggrieved of such order the present two Letter Patent Appeals have been preferred on various grounds saying that the learned Single Judge did not properly appreciate the points raised by the respondents in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the learned Counsel for the parties, argued the matter regarding the maintainability of these appeals. Mr. Ramaswamy, learned Counsel for the respondents, has in unequivocal terms argued that the language, import and purport of the order impugned clearly envisaged that the order passed by the learned Single Judge is a consent order and, therefore, the appeals are not maintainable, for the fact that no appeal would lie against any order which has been passed on the consent of the parties. 6. Mr. A.V. Gupta, learned Counsel appearing for the appellants, vehemently, controverted this argument of the learned counsel for the respondents, saying that the counsel for the parties have only given consent for the disposal of the case and they hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the order of the Board. Such course of action alsoholds good for the other side as well. In the circumstances, an opportunity was provided to the parties to move the Board and seek redressal of their grievances under the provisions of the statute. 9. Rightly, as argued by Mr. Ramaswamy, the purport and import of the order of the learned Single Judge makes it clear that the parties of their own choosing and consent had decided that they could get their grievances redressed before the Board and if any of the parties was aggrieved of the order of the Board, it could move an appeal against the said order of the Board, before a proper forum. 10. In no manner, any illegality or impropriety has been done by the learned Single Judge in pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
