2012 (12) TMI 1001

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....as come up on an application under Article 226(3) of the Constitution of India for vacation of ad interim ex parte stay order dated 28th May, 2012 passed by this Court. However, on the request of learned counsel for the parties, the writ petition was heard and is being disposed off finally. 2. The petitioner has preferred this writ petition challenging the interim order dated 29th August, 2011 (A....

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....certain conditions. He submitted that the order passed under Section 110A of the Act is appealable under Section 129A of the Act, therefore, this writ petition is liable to be dismissed on the ground of availability of alternative remedy by way of statutory appeal. 4. Learned counsel for the petitioner, in view of the preliminary objection raised on behalf of respondents, fairly and frankly submi....

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....petitioner is permitted to file an appeal before the appellate authority. In case, the appeal is filed within a period of ten days along with an application for interim stay, the application for interim stay will be considered and decided within a period of five days from the date of filing of the application and appeal will be disposed off finally in accordance with law, as early as possible, but....