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2010 (3) TMI 502 - BOMBAY HIGH COURTWrit Jurisdiction – There was an objection raised to the maintainability of the petition. Alternative remedy by way of appeal available before High Court. Order of Tribunal passed without considering submissions raised by petitioner and no reason assigned in support of the view taken by Tribunal. Held that – matter needs to be remanded back to Tribunal for considering afresh. No useful purpose would be served by directing the petitioner to withdraw the petition and file the appeal that too before High Court only. Looking to consensus between the parties, without directing the petitioner to exhaust alternative remedy, the impugned order set aside.
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