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Arun Kumar And Ors. vs Union Of India (Uoi) And Ors. on 15 September, 2006

29. Keeping in mind the settled legal principles as discussed above, this Court does no find any reason to interfere with the judgment as impugned in this appeal as well as the order of the tribunal, as those are found to be at-tandem with the settled principles of law. Mr. De, learned senior counsel has very meticulously argued about the intricacies of the principles of law of evidence, which according to him have not been followed, in the case by the said fact finding authority. It is practically needless to mention that none of the issues in the case are closed as yet since trial is yet to be commenced and those are yet to be tested in trial, for the final determination thereof, to be culminated in an Award. Therefore, at the stage of grant of ―interim relief‖ and particularly taking into the account the beneficial purpose of the said statutory provision envisaged by the Constitutional Courts time and again, this Court see no reason to interfere with such factual findings of the tribunal upheld by the Hon'ble Single Judge, on the basis of the strong prima facie case been made out. The principles of law as envisaged by the Supreme Court in Arun Kumar and Others vs Union of India and Others (2007) 1 SCC 732 (mentioned on behalf of the appellent) is a settled law. One can see prima facie finding as regards the same, in the order of the tribunal and that of the Single Judge as Page 28 of 29 well.
Supreme Court of India Cites 53 - Cited by 129 - C K Thakker - Full Document

Webel Nicco Electronics Limited vs Mrs. Anima Roy on 18 February, 1997

Similar can be said about the principles as enunciated by this Court in Webel Nicco Electronics Limited vs Smt. Anima Roy [1997 (1) LLN 866, referred to by the appellant], that there can be no automatic application of the provision under section 15(2)(b) of the Act. Having come to a finding regarding existence of a prima facie case, the two earlier orders of the tribunal and the Court respectively, have not mutinied with the said well settled principles of law.
Calcutta High Court Cites 10 - Cited by 8 - R Pal - Full Document
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