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CASE NO.: Appeal (civil)  6 of 2008

PETITIONER: INDIAN TELEPHONES INDUSTRIES LTD

RESPONDENT: CHAIRMAN, INDUSTRY FACILITATION COUNCIL, CHENNAI & ANR

DATE OF JUDGMENT: 03/01/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO. 6 OF 2008 [Arising out of SLP(C) NO.6984/2007]

       Leave granted.  

       Heard the parties.

       Counsel on both the sides admit that no award has been passed.  The appellant is  aggrieved by a direction of the High Court to deposit a sum of Rs.35,00,000/- (Rupees  Thirty Five Lakhs) before the Industry Facilitation Council.  Since no award has been  passed, the High Court was not justified in directing the appellant to deposit rupees  thirty five lakhs.            We, accordingly, set aside the order of the High Court to the extent directing the  appellant to deposit rupees thirty five lakhs before the original authority, namely,  Industry Facilitation Council.  The Industry Facilitation Council, now called Micro &   Small  Enterprises  Facilitation  Council,  is  ......2.

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directed to decide the matter on merit expeditiously.  All the contentions are open to the  parties to urge before the Council.   

       The appeal is disposed of in the above terms.