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2008 (1) TMI 814 - DELHI HIGH COURTStay/Dispensation of pre-deposit - Held that:- A plain reading of Section 35 would show that it does not confer any alternative remedy to the petitioner, to question the order of the Appellate Tribunal, declining the relief to the extent sought for. In such circumstances, the power of the court to examine the correctness of the order under Article 226 is always preserved; it is another matter altogether that the court may not chose to exercise the jurisdiction, or decline using it, after examining the merits. If the order of this court is not reviewed, the petitioner would be remediless, resulting in the rejection of its appeal for non-payment of the amounts directed. This court is therefore of the opinion that the ends of justice require that the order dated 7-11-2007 is recalled.
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