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Judgment
This appeal is directed against an order dated 10.05.2024 by which an Interim Order has been passed by the Ld. Tribunal in respect of clause 1(a) of the interim reliefs sought by the Petitioner in CP 03/KB/2024 and the main petition has been adjourned to 18th June, 2024.
Counsel for the Appellant, while challenging the impugned order, has submitted that though the issue of maintainability of the Petition before the Ld. Tribunal was raised orally but the same has not been decided. It is submitted that later on an I.A. No. 91/2024 was filed but no order came to be passed in that application. He has submitted that liberty may be granted to raise the issue of maintainability on 18.06.2024 when the main petition is taken up for hearing and direction may be issued to the Ld. Tribunal to consider the application before proceeding further.
We have heard Counsel for the Appellant and after taking into consideration the facts and circumstances of the case, the present appeal is hereby disposed of, maintaining the order by which the Interim Order was passed as Clause- 1(a) of the Petition, while directing the Ld. Tribunal, seized of the matter, to consider the application, if any, filed by the Appellant, challenging the petition on the ground of maintainability on 18.06.2024 itself, before proceeding further with the main petition.