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2016 (1) TMI 925

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..... t appropriate to set aside impugned order, dated 12.10.2015, passed by the Tribunal and to remit the matter back to the Tribunal, to decide the issue relating to the plea of the appellant that it was suffering undue financial hardship. Accordingly, the impugned order of the Tribunal is set aside and the matter is remitted back to the Tribunal for consideration of the said issue and to pass appropr .....

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..... l as Mr.V.Sundareswaran, learned Senior Panel Counsel, who accepts notice on behalf of the respondent. 3. The contention of the learned counsel appearing on behalf of the appellant is that the Tribunal has passed the impugned order directing the appellant to deposit a sum of ₹ 20,00,000/-, within a period of four weeks from the date of the said order and to report compliance by 18th Novem .....

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..... h a plea. It is only now, before this court, in the present appeal, the appellant has taken such a plea, he had further submitted. 5. However, the learned counsel appearing on behalf of the appellant had further submitted that this court may be pleased to set aside the impugned order of the Tribunal, dated 12.10.2015, and to remit the matter back to the Tribunal for re-consideration of the plea .....

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..... der, by the appellant, viz., 18.11.2015. Thereafter, the Tribunal shall hear the matter with regard to the issue relating to the pre-deposit, on 18.11.2015 and pass order in the stay petition viz., ST/S/00169/12, in ST/00233/2012, within a period of two weeks thereafter. In the event of failure by the appellant to furnish any evidence, as permitted by this court, it is open the Tribunal to proceed .....

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