ANAND KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE difficulty in the way of the petitioner, however, is that the petitioner, prior to his filing of the petition, had accepted the award. It is vehemently contended by learned counsel for the respondents that having accepted the award the petitioner cannot approbate and reprobate at the same time. THE petitioner, it is submitted, cannot be permitted to challenge the award, the benefits of which have already been taken by the petitioner.

(2.) IF the award bad not been accepted by the respondent, it was at liberty to challenge that part of the award which was in favour of the petitioner. By the letter of 30th August, 1985, the respondent therefore, offered to the petitioner that it would accept the award, provided the petitioner did likewise.