appeal before supreme court out of CAT

Guest (Querist) 28 November 2010 This query is : Resolved
If an order of CAT is challenged before a division bench of high court through a writ petition under article 226 and lost the same.
Can he still file an appeal as per AT Act 1985 before supreme court against the same order of CAT disclosing the petition filed before high court ?
If not, then how is it barred by an independent writ petition under 226 filed before high court, as AT act 1985 does not indicate any such provision and it's the sole discretion of a petitioner either to file a petition under 226 or go for an appeal before supreme court against the same?
What does law say about such appeal?

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Devajyoti Barman (Expert) 28 November 2010
Yes you could fiile SLP before the Supreme Court against the order passed in the Letters Patent Appeal.

Guest (Querist) 28 November 2010
Sir I am talking about the same order which was passed by CAT . Can I file a fresh appeal before Supreme court apart from the petition filed before high court?
Does the procees under 226 bars a direct appeal before supreme court?

Devajyoti Barman (Expert) 28 November 2010
No never. One can not recourse to two different recourses out of the same order. You will either have to challenge the division bench order or to file fresh writ but on new cause of action.

s.subramanian (Expert) 28 November 2010
i agree

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