1986 (11) TMI 48

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....aced on Board for hearing and final disposal. 2.  Same appearances. 3.  This appeal is directed against an order of a learned Single Judge summarily dismissing the Writ Petition No. 2943 of 1986 on the ground that there was no reason why the petitioners (appellants) should not have availed of the alternative remedy. In our view, this order is not sustainable. The admitted facts sho....

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....pret the word "or" in the said entry 94 as "and" and there is no warrant for this. In this connection, it is significant that, as can be seen from Exhibit 'B' to the affidavit in rejoinder of appellant No.2, a number of reputed manufacturers manufacture saws of the aforesaid type with cutting speeds far exceeding 120 metres per minute and with minimum cutting speeds which are very much below 120 m....

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....he petitioners should be compelled to go to the appellate authority. 5.  In the result, the appeal is allowed. As far as the order of summary dismissal is concerned, the same is set aside. Rule to issue in terms of prayers (a) to (c) of the petition returnable in the normal course. As far as interim relief is concerned, in view of what we have stated above, we grant interim relief in terms....

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....reate any third party interest in the same. The respondents will be at liberty to take a test of the actual maximum operational speed of the said machines, after they are installed by the appellants; and, in case the maximum speed is found to be less than 120 metres per minute, it will be open to the respondents to apply for vacating the interim order or varying the same. If the respondents do not....