2010 (3) TMI 820

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....rned Senior Central Government Standing Counsel takes notice for the respondents. 2. The petition is filed against the order of the Tribunal rejecting the prayer for waiver of pre-deposit condition for maintainability of the appeal. 3. The Tribunal considered the case of the petitioner and held that the petitioner had failed to make prima facie case for waiver of pre-deposit of entire ....

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....y extending the time by 8 weeks and directed to report compliance of the same on 15-3-2010. Aggrieved of the same, present writ petition has been filed. 5. Learned counsel for the petitioner submitted that the Tribunal failed to consider the decision of the Coordinate Benches decision, which is relied on by the petitioner for the purpose of prima facie case made out by him. The Tribunal erre....

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....r the Coordinate Bench's decision will apply to the case on hand to conclude in favour of the petitioner, having regard to the fact that Tribunal had considered the merits of the case and that mere absence of reference to the decision of the Coordinate Bench per se does not mean that the Tribunal had not considered the contention of the petitioner. I do not find any justification in interfering wi....