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2019 (1) TMI 1299 - GUJARAT HIGH COURTRestoration of appeal - appeal was dismissed for non-compliance with pre-deposit - sub-section (4) of section 73 of the Gujarat Value Added Tax Act, 2003 - Stay of recovery - Held that:- As is evident from the order dated 10.05.2018 passed by the Tribunal, the Tribunal had admitted the second appeal and had directed the petitioner to deposit rupees thirty lakhs for stay of recovery proceedings. Therefore, the question of dismissing the appeal on the ground of non-payment of pre-deposit would not arise. Since the Tribunal itself had directed the petitioner to deposit a sum of rupees thirty lakhs for the purpose of staying the recovery proceedings, the court is of the view that when the petitioner is coming forth to offer the land described hereinabove which worth approximately rupees two crore by way of security and is also ready and willing to execute a bond in respect of the said property, which is more than sufficient to secure the interest of the revenue and is also ready and willing to make a pre-deposit of rupees two lakhs, the interests of justice would be met with if the appeal is restored at the stage of the first appellate authority by directing the petitioner to make a pre-deposit of rupees two lakhs and to execute a bond in respect of the said property, together with an undertaking of the owner of the property to the effect that he shall not in any manner transfer, alienate or encumber the said property. The appeal is restored at the stage of appellate authority.
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