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Judgment
We have heard Mr. Somasekhar Sundaresan, the learned counsel for the appellant and Mr. Shiraz Rustomjee, the learned senior counsel for the
respondent through video conference. Three weeks’ time is allowed to the respondent to file a reply. Two weeks thereafter to the appellant to file
rejoinder. The matter would be listed for admission and for final disposal on January 29, 2021.
Since the impugned order has not been given effect for a period of three months by the authority itself, the question of grant of interim order is not
being considered at this stage. However, it is made clear that in the event the Tribunal does not dispose of the matter on the next date, it will be open
to the appellant to press the application for interim relief. The urgency application is accordingly disposed of. The application for exemption from filing
the certified copy of the impugned order is also disposed of with the direction that the respondent will supply the certified copy of the impugned order
within five working days from today and the same shall be filed by the appellant in the registry.
Parties will take instructions from the Registrar 48 hrs. before the date fixed in order to find out as to whether the appeal would be heard through
video conference or through physical hearing.
The present matter was heard through video conference due to Covid-19 pandemic. At this stage it is not possible to sign a copy of this order nor a
certified copy of this order could be issued by the Registry. In these circumstances, this order will be digitally signed by the Private Secretary on
behalf of the bench and all concerned parties are directed to act on the digitally signed copy of this order. Parties will act on production of a digitally
signed copy sent by fax and/or email.
