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2015 (8) TMI 748 - ANDHRA PRADESH HIGH COURT

2015 (8) TMI 748 - ANDHRA PRADESH HIGH COURT - 2015 (39) S.T.R. 608 (A. P.) - Whether the Tribunal can decide the application for waiver of pre-deposit without having a statement of undue hardship, which is concomitant to exercise the jurisdiction - Held that:- unless the application is made pleading undue hardship the same cannot be entertained, not to speak of passing any order either adversely or beneficially. This sort of exercise is without jurisdiction. - the impugned judgment and order of .....

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rned Tribunal can decide the application for waiver of pre-deposit without having a statement of undue hardship, which is concomitant to exercise the jurisdiction? We have seen the application made by the appellant before the learned Tribunal and we have not been able to find any statement of undue hardship therein. Then, how the application can at all be entertained by the Tribunal is a subject matter of deep enquiry but we are not going into that fact of entertaining the application asking wai .....

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