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TMI Blog2010 (3) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... w 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. - 174 of 2010 - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Petitioner should be relegated to the alternate remedy under the Act. 5. Mr. Jetly is right in contending that alternate remedy by way of appeal is available and the Petitioner should be relegated to alternate remedy. 6. However, while hearing this petition on the preliminary issue, we were taken through the impugned order by the Advocates appearing for the parties. One of the serious criti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, thus, submitted that the order of Tribunal is slip shot order without considering the submissions raised by the Petitioner and no reasons are assigned in support of the view taken by the Tribunal. 8. On being asked, Mr. Jetly could not support approach adopted by the Tribunal. 9. Under these circumstances, looking to the consensus between the parties, the matter needs to be remanded back to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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