(A.K. Sikri and Uday Umesh Lalit, JJ.)
Core Mind Software and Services Pvt. Ltd. _______________ Appellant;
v.
Forward Foundation and Others ___________________ Respondent(s).
Civil Appeal No(s). 4829/2015, decided on May 20, 2015
(With appln.(s) for permission to place addl. documents on record and appln.(s) for exemption from filing O.T., and appln.(s) for ex-parte stay and Office Report and appln.(s) for exemption from filing c/c of the impugned judgment)
With
C.A. No. 4832/2015 (With appln.(s) for permission to place addl. documents on record and appln.(s) for exemption from filing O.T., and appln.(s) for ex-parte stay and Office Report)
The Order of the court was delivered by
Order
1. The appeals are disposed of in terms of the signed order.
CIVIL APPEAL NO. 4829 OF 2015
Core Mind Software And Services Pvt. Ltd _____________ Appellant
v.
Forward Foundation and Ors ______________________ Respondent(s)
WITH
CIVIL APPEAL NO. 4832 OF 2015
ORDER
2. One of the main contentions raised by the appellants in these appeals is that though the Tribunal had heard the matter only on preliminary issues and no arguments on merit were advanced, final judgment decides the merits of the disputes as well and above all a penalty of Rs. 117.35 crores against original respondent no. 9 (the appellant in C.A. No. 4832 of 2015) and Rs. 22.5 crores against Original respondent No. 10 (the appellant in C.A. No. 4829/2015) is imposed.
3. On the aforesaid averment, we feel that it would be more appropriate for the appellant to file an application before the Tribunal with the prayer to recall the order on merits and decide the matter afresh after hearing the counsel for the parties, as the Tribunal knows better as to what transpired at the time of hearing.
4. With the aforesaid liberty granted to the petitioners, the appeals are disposed of. Certain preliminary issues are decided against the appellants which are also the subject matter of challenge. However, it is not necessary to deal with the same at this stage. We make it clear that in case the said application is decided against the appellants or if ultimately on merits, it would be open to the appellants to challenge those orders by filing the appeal and in that appeal all the issues which are decided in the impugned judgment can also be raised.
5. The counsel for the appellants state that they would file the requisite application within one week. Till the said application is decided by the Tribunal, there shall be stay of the direction pertaining the payment of aforesaid penalty.
6. Mr. Raj Panjwani points out that the Tribunal has allowed the appellants to proceed with the construction only on the payment of the aforesaid fine/penalty. We leave it to the Tribunal to pass whatever orders it deems fit in this behalf, after hearing the parties.
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