2024 (6) TMI 580

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nior Advocate a/w Mr Vinay Jain i/b Mr Sriram Sridharan. For the Respondent in WP/844/2020 : Mr Karan Adik a/w Ms Maya Majumdar. For the Respondent No 1 in CEXA/1/2020 : Mr Jitendra B Mishra a/w Mr Saket R Ketkar. ORAL JUDGMENT   (PER K. R. SHRIRAM J.) 1. Since the pleadings are completed, we decided to dispose the petition at the admission stage itself. Therefore, Rule. Rule m....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hennai) where the Tribunal while allowing the appeal held that the discount received by bank from automobile dealers cannot be treated as a consideration for service. It was submitted that petitioner's case will be squarely covered by IndusInd Bank Ltd. (Supra) where the Tribunal held that no service provider receiver relationship between the bank and vehicle dealer and therefore, the bank cannot ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....riving at the decision should be avoided and also decision need not be loaded with unnecessary information and legal knowledge of the author of the judgment. According to the Tribunal the issue was considered by the various benches of tribunal in various decisions rendered much prior to the decision of IndusInd Bank Ltd. (Supra) and not a single bench has taken a contrary view. At the same time, t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for arriving at a particular conclusion. The Apex Court in Uttar Pradesh State Road Transport Corporation Vs. Jagdish Gupta (2009) 12 SCC 609 has stated reasons introduce clarity in an order. The order howsoever brief should indicate an application of mind, all the more when the same could be further challenged. 6. In the circumstances, in our view, the impugned order passed by the Tribunal on....