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2015 (4) TMI 223 - DELHI HIGH COURT

2015 (4) TMI 223 - DELHI HIGH COURT - TMI - Extension of stay - Held that:- This Court has extended the stay initially granted by the Tribunal till the disposal of the appeal by the Tribunal in exercise of its jurisdiction under Article 226 of the Constitution. In fact, it is settled law that there is no bar for grant of such a relief if the Court is of the opinion that the circumstances and the ends of justice so warrant. This has also been stated clearly in Maruti Suzuki (2014 (2) TMI 1037 - D .....

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eva JJ. For the Appellant : Mr Prakash Kumar For the Respondents : Mr Kamal Sawhney, Mr Shikhar Garg and Mr Mukul Mathur Judgment Badar Durrez Ahmed, J (ORAL) CM 5806/2015 The exemption is allowed subject to all just exceptions. WP(C) 3238/2015 & CM 5805/2015 1. Issue notice. Notice is accepted by the learned counsel appearing on behalf of the respondent. Since the facts are not in dispute, the matter is taken up for hearing at the first instance itself. 2. The petitioner has filed an appeal .....

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it is made clear that the Tribunal has no authority to extend the period of stay beyond a period of 365 days from the initial date of grant of stay. As 365 days would expire on 30.03.2015, the petitioner cannot approach the Tribunal for any further extension of stay. It is also to be noted that, in the meanwhile, the petitioner s said appeal before the Tribunal was listed for hearing but could not be taken up for reasons not attributable to the petitioner. Now, the appeal is listed for hearing .....

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