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2019 (7) TMI 985 - KERALA HIGH COURTStay of demand - appellate authority directed the petitioner “to pay 15% of the aggregate demand as reduced by demand already paid” in three equal instalments so that the balance demand will stand stayed until the adjudication of the appeal - discretionary domain of the appellate authority - HELD THAT:- The petitioner's counsel has fairly submitted that the appellate authority does have the discretion to grant a conditional order; nevertheless, he asserts that once the appellant demonstrates more than a prima facie case, passing a conditional order cannot be a ritual. Attractive as the learned counsel's submissions is, there cannot be any proposition of law, nor can I readily find one, that if the appellant could demonstrate as he presumes for a fruitful case in appeal. Still, he does not deprive of the appellate authority's discretion. The courts, in judicial review, are not to interfere with the discretionary orders and passed by statutory authorities unless the authority has acted ultra vires, are the very exercise of judiciary, bogus and pervasive. I there find neither of the grounds. I express my inability to interfere with the Ext.P5.
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