Indian Telephones Industries Ltd v. Chairman, Industry Facilitation Council, Chennai & Anr

Supreme Court of India · 03 Jan 2008
H.K. Sema; Markandey Katju
CIVIL APPEAL NO. 6 OF 2008
civil appeal_allowed

AI Summary

The Supreme Court held that the High Court erred in directing a deposit before the Industry Facilitation Council without any award having been passed and set aside that direction.

Full Text
Translation output
http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Appeal (civil) 6 of 2008
PETITIONER:
INDIAN TELEPHONES INDUSTRIES LTD
RESPONDENT:
CHAIRMAN, INDUSTRY FACILITATION COUNCIL, CHENNAI & ANR
DATE OF
JUDGMENT
: 03/01/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 6 OF 2008
[Arising out of SLP(C) NO.6984/2007]
Leave granted.
Heard the parties.
Counsel on both the sides admit that no award has been passed. The appellant is aggrieved by a direction of the High Court to deposit a sum of Rs.35,00,000/- (Rupees
Thirty Five Lakhs) before the Industry Facilitation Council. Since no award has been passed, the High Court was not justified in directing the appellant to deposit rupees thirty five lakhs.
We, accordingly, set aside the order of the High Court to the extent directing the appellant to deposit rupees thirty five lakhs before the original authority, namely, Industry Facilitation Council. The Industry Facilitation Council, now called Micro &
Small Enterprises Facilitation Council, is ......2.
- 2 - directed to decide the matter on merit expeditiously. All the contentions are open to the parties to urge before the Council.
The appeal is disposed of in the above terms.