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Court grants urgent circulation challenging lack of jurisdiction in order, issues Notice with ad-interim relief The Court granted permission for urgent circulation in a case where the petitioners challenged an order passed by Respondent No.2, citing lack of ...
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Court grants urgent circulation challenging lack of jurisdiction in order, issues Notice with ad-interim relief
The Court granted permission for urgent circulation in a case where the petitioners challenged an order passed by Respondent No.2, citing lack of jurisdiction and hardship. The Court found prima facie evidence of lack of jurisdiction, expressing confusion over the order's approach. A Notice was issued returnable on a specified date, with ad-interim relief granted. The Court clarified its decision was based on lack of jurisdiction, not the absence of a strike situation, allowing direct service on the same day.
Issues: Urgency in circulating the matter, lack of jurisdiction in the order passed by Respondent No. 2, reliance on a previous court decision, ad-interim relief, lack of strike situation, issuance of notice.
In this case, the petitioners sought permission to urgently circulate the matter due to an order passed by Respondent No.2, which they claimed was without jurisdiction and unjustified, causing tremendous hardship. The Court granted permission for urgent circulation and scheduled the matter for later. The petitioners' counsel highlighted the unwarranted nature of the order and referenced a decision by the High Court of Madras, emphasizing specific observations. The petitioners argued that the issue was exaggerated, with no strike situation warranting disapproval from judicial authorities.
The Court, after hearing the petitioners' counsel, found prima facie evidence of lack of jurisdiction in the order passed by Respondent No.2. The Court expressed confusion over the approach taken in the impugned order, which involved marking copies to various judicial authorities and courts. Consequently, the Court decided to issue a Notice returnable on a specified date, with the respondent's advocate waiving the service of notice. Ad-interim relief was granted until the returnable date in accordance with specific terms.
Before concluding the order, the Court noted the petitioners' contention that there was no strike situation deserving disapproval from judicial authorities. The Court clarified that its decision was based on the prima facie lack of jurisdiction displayed by Respondent No.2 in the impugned decision. Direct service was permitted on the same day as part of the order.
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