Analysis of Judgment passed by High Court
Querist :
Anonymous
(Querist) 22 October 2010
This query is : Resolved
The High Court has given the Judgement
against the CAT order which has been filed by the respondent
"Thus, we dispose of the petition setting aside the impugned order dated xxxx and we restore O.A.No.xxxxx with a direction to the Tribunal that the issue of limitation should be decided by the Tribunal.
We make it clear that if the Tribunal decides on the plea of limitation
against the petitioner, issue on merits need not be decided by the Tribunal for
the reason the same has been decided by the Tribunal vide impugned order dated
xxxxx. But in said eventuality while challenging the said order passed by
the Tribunal, the petitioner would be entitled to challenge the impugned order
dated xxxx as well
CM for stay is dismiised as infructuous"
Kindly inform:
1 Whether the order passed by the CAT is set aside?
2 Whether the order is still maintainable as the stay has not been granted to the respondent, If not then why the stay application is dismissed as infructuous ?
R.Ramachandran
(Expert) 22 October 2010
Dear Anonymous,
The High Court has set aside the decision of the Tribunal. Therefore the question of granting any STAY does not arise. That is why, the CM for stay has been dismissed as infructuous. In the eye of the High Court, there is no decision of the Tribunal (since the same has been set aside), to be stayed!
Yes, the case has been remanded to the Tribunal to decide whether the Original Application is within limitation or hit by limitation.
Now the tribunal will decide this question.
