Can we file an appeal in the same Tribunal where an IA was disposed earlier?
3 years ago
We had filed an Interlocutory Application (IA) in a Tribunal for a pending case. The main prayer of our IA was that the Tribunal has no jurisdiction to hear this particular matter and accordingly the petition was framed. But our IA was disposed of saying "No plea of lack of jurisdiction has been raised".
In these circumstances, can we file a fresh appeal against the IA order in the same tribunal and reiterate our concern regarding the jurisdiction and request the Hon'ble Tribunal to reconsider our petition or should we approach the higher court?
Any help in this regard will be much appreciated.
Jagannath S Pawar
Responded 3 years ago
A.You can at most file Review Petition for review of the Order passed by the Tribunal. Appeal will and always lies to the Superior Court of the Court which passes the Order. In your case Tribunal has passed the Order there you can file Review Petition within a month for review of the subject Order passed and then if negative order comes you can file Writ Petition in High Court or Supreme Court as the case may be
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DIYAVARHUSSAIN SHAIK
Responded 3 years ago
A.Dear Client
As per your inputs you are questioning the jurisdiction of the Tribunal, that can be challenged in Highcourt, you file a WP in Highcourt to set aside the matter in tribunal as of no jurisdiction
As per your inputs you are questioning the jurisdiction of the Tribunal, that can be challenged in Highcourt, you file a WP in Highcourt to set aside the matter in tribunal as of no jurisdiction
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