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2009 (2) TMI 457

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..... tition has been heard and the judgments are awaited. Thus we direct that till the disposal of the writ petition, there shall not be requirement for any further deposit. It is made clear that by giving this protection we are not expressing any opinion on the merits of the case. - Civil Appeal No. 820 of 2009 - - - Dated:- 9-2-2009 - Dr. ARIJIT PASAYAT, ASOK KUMAR GANGULY, JJ. J U D G M .....

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..... ct, 2001 (in short the Act ) clearly permits the levy. In revenue matters this Court should not interfere. 5. Principles relating to grant of stay pending disposal of the matters before the concerned forums have been considered in several cases. It is to be noted that in such matters though discretion is available, the same has to be exercised judicially. 6. The applicable principles have b .....

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..... e order has to be passed keeping in view the factual scenario involved. Merely because this Court has indicated the principles that does not give a license to the forum/authority to pass an order which cannot be sustained on the touchstone of fairness, legality and public interest. Where denial of interim relief may lead to public mischief, grave irreparable private injury or shake a citizens fai .....

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..... 10. It is not in dispute that the aforesaid amounts have been deposited. It is pointed out by learned counsel for the appellant that the writ petition has been heard and the judgments are awaited. 11. In the peculiar circumstances of the case we direct that till the disposal of the writ petition, there shall not be requirement for any further deposit. It is made clear that by giving this pro .....

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