1998 (2) TMI 621

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....-A order on diverse grounds including the ground that Section 7-A was ultra vires the provisions of the Constitution of India. The High Court repelled the challenge to the vires of the provision by the impugned order and also made observations on the merits of the Section 7-A order. The other civil appeal is moved directly by the appellant against the Section 7-A order before this Court. As the controversy ultimately centers round the Section 7-A order itself which is the order of the first authority, these appeals were tagged together for disposal. 2. Pending these appeals, the legislature itself has amended the provisions of the Act by inserting Section 7-D providing for remedy of an appeal before an Appellate Tribunal. Not only that, bu....

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.... under Section 7-D pursuant to the present order, the observations made by the High Court on the merits of the impugned Section 7-A order would not survive any further and will be treated to be of no legal consequence. Meaning thereby, the entire controversy centering round Section 7-A order will have to be decided on its own merits by the Tribunal unfettered by any earlier observations made by the High Court in this connection and which observations are treated to be of no consequence by our present order. 6. We make it clear that we are expressing no opinion on the merits of the Section 7-A order. Similarly, we express no opinion on the observations of the High Court on the merits of Section 7-A order as in our view those observations do....

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....97. We have already made necessary observations in this connection in our judgment and order passed today in Civil Appeals Nos. 5540-5541 of 1983, Consequently, in the light of our observations in the aforesaid decision, it must be held that the present appellant also is required to be relegated to the statutory remedy of appeal before the Appellate Tribunal, Delhi functioning under Section 7-D of the Act. For that purpose, we grant two months' time to the appellant to file appropriate statutory appeal against the impugned Section 7-A order. Once this appeal is filed, it will be open to the appellant to put forward all the legally permissible contentions against the Section 7-A order including the contention, if any, pertaining to the j....