TMI Blog2015 (1) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be non-suited at interlocutory stage. The remedy of appeal becomes meaningless and the legal provision nugatory by such extreme directions. That would mean that the exercise of discretion in the given case is arbitrary and capricious as well. Bearing in mind this salutary principle in the present case the Tribunal should have passed an order which protects the interest not only of the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.-Mum.). 2. Mr. Sridharan submits that a substantial question of law would arise for determination and consideration inasmuch as if at the stage of waiver of pre-deposit and stay there is difference of opinion between the Member (Judicial) and Member (Technical), then, this is a fit case where a balance could be struck and remedy of appeal available to the appellant should not be rendered illu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been carried out. In the matter of this nature, it is not expected that the Tribunal takes an extreme view and expresses virtually a final opinion on the merit of the controversy. These are matters where litigants are not expected to be non-suited at interlocutory stage. The remedy of appeal becomes meaningless and the legal provision nugatory by such extreme directions. That would mean that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bank for the balance sum (Rs. 9.50 crores) there shall be a stay in terms of the application which has been preferred before the Tribunal. At the request of learned Counsel Mr. Sridharan, Six weeks time is granted to the appellant to deposit and furnish the bank guarantee as above. (b) In the event compliance is reported, the appeal shall be taken for hearing. An endeavour be made to dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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