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2008 (5) TMI 746 - SC - Indian LawsExtract: ....... 21. We are, therefore, of the opinion that the impugned judgment cannot be sustained. It is set aside accordingly and the matter is remanded back to the High Court for consideration of the appeal on merits. The appeal is allowed with the aforesaid directions. In the facts and circumstances of the case, however, there shall be no order as to costs.
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