2014 (12) TMI 999

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..... .J. Kinariwala, A.R., for the Respondent. ORDER When this stay petition was called out, we find that the appeal itself can be disposed of at this juncture as the first appellate authority has dismissed the appeal for non-compliance of pre-deposit ordered by him. Accordingly, after hearing both sides for some time on the stay petition, we take up the appeal itself for disposal after allowing the .....

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..... ot considered the entire issue in detail. Accordingly, since the first appellate authority has dismissed the appeal for non-compliance, we are unable to go into the merits of the case. In order to meet the ends of justice, it would be appropriate that first appellate authority is given a chance to decide the issue on merits. 3. Since we have come to a prima facie conclusion that the transfer .....

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