TMI Blog2012 (11) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... r the records connected with order-in-stay petition No. 10/2012 (M-II) in A. No. 62/2011 (M-II), dated 6-11-2012 passed by the respondent herein, to quash the same as not sustainable in law and to consequently direct the respondent to hear the appeal of the petitioner on merits by affording a reasonable opportunity of hearing to them. 2. Heard Mr. N. Viswanathan, learned Counsel for the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court and hence could not keep up the timings. Hence I am constrained to take up the stay petition for decision, based on the material on record. It is a settled issue that the adjournment to any case could be considered only if the appellant shows a sufficient cause and requests for the same. In the instant case, there was no such request. Hence, there was no case to consider any adjournment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own that the conduct of the party is to avoid appearance without just or reasonable cause, there is no justification to decline grant of further time. On this score, the order passed in the stay petition without giving an opportunity of hearing to the petitioner appears to be arbitrary and there has been a violation of the principles of natural justice. 6. The apart, paragraph (5) of the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will hear and pass order on the stay petition thereafter. The said statement is recorded. 9. In view of the above, the impugned order is set aside and the matter is remanded to the respondent to decide the stay petition of take up the appeal without pre-deposit, as the case may be, on an appropriate date to be fixed by the authority at its convenience. 10. The writ petition is allowed by wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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