Indian Kanoon - Search engine for Indian Law

6. In such a situation, we entertained a doubt with regard to the Maintainability of the Appeal when the Review Petition filed by the Appellant before the Central Commission challenging the very same Impugned Order is still pending in respect of the same issues. Therefore, we issued notice to the Central Commission, the Respondent to clarify the legal position with reference to the Maintainability of the Appeal. Accordingly, Mr. M S Ramalingam, the learned Counsel entered appearance on behalf of the Central Commission (R-1). He objected to the Maintainability of the Appeal on the ground that still Review Petition filed before the Central Commission raising the same issues was pending and no final order was passed and therefore, the Appeal cannot be entertained.

7. In view of the objection raised by the Respondent, we directed both the parties to file the Written Notes on the Maintainability Question. In the said Order, we appointed Mr. M S Ramalingam, the learned Counsel as a Amicus Curiae to assist this Tribunal by elaborating the legal position with reference to the Maintainability of this Appeal.

APPEAL No.41 OF 2014