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9. The question relating to the second application for injunction or Receiver being barred by res judicata (the first point urged by Mr. Rekhi), appears to be hit by the preliminary objection raised by Mr. Gujral, and cannot be allowed to be raised in the writ proceedings for the first time, as it does not appear to have been pressed at the hearing of the application for interim relief before the Commission. Mr. Rekhi has pointed out that objection to this effect had been taken by the petitioner in his written reply to the application for interim relief (Annexure 'E') and that it was the duty of the Commission to deal with the objection. I am afraid that in the absence of an affidavit to the effect that this question was actually argued and pressed before the Commission at the hearing of the application for interim relief, it is not open to me to allow this matter to be raised here for the first time merely on the ground that the objection had been taken in tine written reply or affidavit.