P. Purushottam Reddy And Anr vs Pratap Steels Ltd on 21 January, 2002
In P. Purushottam Reddy and another
(supra), the Hon'ble Supreme Court has held that it is only in exceptional
cases and where the conditions stipulated by provisions of Order XLI Rule
23-A of the Code are satisfied that such order of remand can be passed.
In the present case, the appellate Court without entering into merits of
the adjudication by the trial Court merely remanded the proceedings so
as to give one opportunity to the respondent to contest the proceedings.
In absence of the conditions stipulated under Order XLI Rule 23-A of the
Code being satisfied such order of remand could not have been passed.