TMI Blog2014 (8) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.2013. According to the learned counsel, the delay had occurred due to the facts and circumstances noticed hereinabove. It was urged that in the interest of justice, delay in deposit of ₹ 5 lacs be condoned as in the case of the company the appeal is fixed for final hearing before the Tribunal - impugned order dated 21.4.2014 is set aside and the delay, if any, in depositing the sum of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder? B. Whether Ld. Tribunal is justified to dismiss appeal when there was interim stay order against order passed by Ld. Tribunal? C. Whether grave and palpable injustice would be caused to the Appellant if the Respondents are permitted to execute the illegal order? 2. A few facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The appellant is Direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant filed an appeal along with stay application before the Tribunal. The Tribunal vide order dated 4.9.2009 (Annexure A-3) besides dismissing the appeals of the dealers, reduced the penalty amount in the case of the appellant from ₹ 50 lacs to ₹ 5 lacs. On filing of rectification application, the Tribunal recalled its order dated 4.9.2009 and fixed the matter for hearing of st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposited by the company against 25% penalty required to be deposited as a pre-condition for entertaining the appeal. The appellant in terms of order dated 24.2.2012 (Annexure A-4) deposited ₹ 5 lacs on 13/14.5.2013. The Tribunal vide order dated 21.4.2014 (Annexure A-1) dismissed the appeal for failure of pre-deposit within the stipulated period. Hence, the present appeal. 3. Learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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