CENTRAL FUEL RESEARCH INSTITUTE Vs. NATURE CARE

JUDGEMENT

(1.) WE have heard counsel for the parties.

(2.) IN view of the decision reported in AIR Supreme Court Weekly 5871[:2007(1) JLJR (SC)62] (Pandey and Co. Builders (P) Ltd. V/s. State of Bihar), this appeal is not maintainable in view of the fact that the appeal could be maintained only before the court of original jurisdiction, namely, the Sub -court. Admittedly, before the High Court, inspite of the provisions of Section 34 of the Act, the appeal cannot be maintained as it is stated that this Court is not a Court as contemplated Amit Ambar Kachhap Versus Union Of India under Section 2(1)(e) of the Act. However, liberty is given to the appellant to approach the proper forum to file an appeal.