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IN THE GAUHATI HIGH COURT
, J
Binod Kumar Bawri v. Dalmia Cement (Northeast) Ltd
| Table of Content |
|---|
| 1. justification for appeal remedies under article 227. (Para 1 , 5 , 6) |
| 2. background and facts of the petitions. (Para 2 , 4 , 10) |
| 3. supreme court's stances on statutory appeals. (Para 8 , 9 , 13) |
| 4. applicability and limits of article 227. (Para 12 , 14 , 15 , 16) |
| 5. final ruling on petitions' maintainability. (Para 17) |
1. Heard Mr. K.N. Choudhury, the learned senior counsel representing the petitioners as well as Dr. A. Saraf, the learned senior counsel appearing for the respondents.
2. Both the petitions are filed under Art.227 of the Constitution of India challenging the order dated 05.01.2017 passed by the National Company Law Tribunal Guwahati Bench in T.A. No.14/2016 (C.A. No.907 of 2016) in T.P. No.20/397/398 / GB / 2016 (C.P. No.143 of 2015).
3. During the pendency of these two petitions, the matters went to the Hon'ble Supreme Court and the Hon'ble Supreme Court directed this Court to consider the maintainability of the petitions under Art.227 of the Constitution of India.
4. The reason for which these two petitions were filed under Art.227 of the Constitution of India is that - the National Company Law Tribunal Guwahati Bench had allowed a Petition under S.8 o
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