2009 (7) TMI 941

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..... urrender Shah, DR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (for the Bench) (Oral)]. -  Since common question of law is involved in both these matters, they were heard together and are being disposed of by this common order. 2. We have heard Shri Sudhir Jamneja appearing in person as well as learned DR. 3. This is a case of the applicant that thoug .....

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..... posit in terms of section 35F, mere appearance of the advocate in the Court would not have been sufficient as in case of partial waiver of the amount demanded under the impugned order, it would be necessary for the party to give appropriate instructions to the advocate to request for the necessary period which would be required to arrange the funds to deposit such amount. In other words, in cases .....

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..... ore in our considered opinion is not a sufficient ground to recall the said order. Nevertheless, in view of the fact that the appellant came to know about the said order first time on 4-7-2009, the appellants have made out a case for grant of further time to deposit the amount. Accordingly, in terms of the request made by the appellants, the time to deposit is extended by another 6 weeks. Matter t .....

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