occurred as the applicant earlier prosecuted the matter
before the wrong forum. It is the case of the applicant that he was
serving as work ... Labour Court after dismissal of the suit,
which was a wrong forum to appeal against the Civil Court's judgment
and order
aggrieved person may have prosecuted
with due diligence remedy before a wrong forum, but on a careful
scrutiny of the record of these cases ... mistake was committed by the applicants by filing
appropriate proceedings before wrong forum and after getting advise
from the advocate, the applicant approached this Court
petitioner on technical grounds. The petitioner was
representing before wrong forums under a bonafide
belief that his grievances would be redressed, therefore, the Court
below ... such authorities, the petitioner was bonafidely
pursuing his remedy before the wrong forum and ought to be granted
the benefit of Section
applicant
that the applicant was bonafidely pursuing his remedy in a wrong
Forum. The appeal was preferred before the wrong Forum due to some ... knowledge that he was pursuing his remedy in
a wrong Forum. Learned advocate for the applicant has invoked the
provisions of Section
days
enabling the assessee to obtain stay from the appellate forum. The
question is, should recovery be initiated in all cases if within 30
days ... take advantage of its own wrong and go ahead with the
recovery of demand though the appellate forum is seized of the
appeal and stay
said
that he had agitated the issue before a wrong forum, and considering
that, the time spent in pursuing that litigation should be given
credit
case where subject matter of the proceedings
taken / initiated before the wrong forum was related to title or
decision of the property in question
different fact situation where
the appellants prosecuted the remedy before the wrong forum. As such
is not the case in the present petition, this judgment
present
application and submitted that before the wrong forum, the applicant
herein has preferred the Criminal Appeal under Section 372 of the
Code of Criminal ... condoned, but considering the fact that the applicant
herein has chosen wrong forum, present application is hereby allowed
and delay of 358 days that
engage advocate, but in fact,
the record indicates that petitioner chose wrong forum and the
petitioner has not availed the remedy and had availed
