2009 (1) TMI 778

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....radha Dutt, Ms. B. Vijayalaxshmi Menon, S.C. Sharma, Ms. Ekta Kapil, Pawan Sharma, Anish Kapur, Kuber Dewan, Ms. Swetha Bidhuri and Gaurav Dua. For the Respondent : Mohan Parasaran, D.I. Chidananda, H.R. Raghvendra Rao, Rahul Kaushik, Gaurav Dhingra and B.V. Balaram Das. ORDER:- 1. At the outset, Mr. Nariman, learned senior counsel appearing on behalf of the petitioner submits that despit....

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....k upon the preliminary enquiry itself. The jurisdiction of the High Court to adopt this course cannot be, and is indeed not disputed. But would it be proper for the High Court to adopt such a course unless the ends of justice seem to make is necessary to do so ? Normally, the questions of fact, though they may be jurisdictional facts the decision of which depends upon the appreciation of evidence,....

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....on, must naturally depend upon the circumstances of each case and upon the nature of the preliminary issue raised between the parties. Having regard to the circumstances of the present dispute, we think the Court of appeal was right in taking the view that the preliminary issue should more appropriately be dealt with by the Tribunal. The appeal Court has made it clear that any party who feels aggr....