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2019 (2) TMI 670

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..... ution of the firm - re-opening of the Bar - time for making deposit - Held that:- Considering the fact the licence expires on 31.03.2019, we cannot grant the time sought for by the appellant. We direct that 50% of the balance amounts be paid on or before 07.03.2019 failing which the license would stand cancelled on 08.03.2019. If such amounts are paid within the time stipulated, then, the appellan .....

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..... d, the appellant had only sought for time to remit the amounts demanded, which, as per the direction of the learned Single Judge has to be remitted immediately, upon which alone the stay granted would have operation. This in fact prejudices the appellant insofar as the appellant being not able to function the Bar and hence unable to generate funds. The appellant had also undertaken to pay ₹ .....

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..... ce expires on 31.03.2019 and if they are permitted to reopen the Bar without paying the amounts now demanded, recovery may not be easily effected. The amounts now directed to be paid by the learned Single Judge would any way be payable to the Department for reason of the same being necessitated at every instance of a change in the Director Board, for which, at the relevant period a specific fee wa .....

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..... n fact after hearing the matter, on the last posting date had specifically asked the learned Counsel for the appellant to get instruction as to whether the amounts would be paid before 31.03.2019; on installments on threat of stringent conditions of cancellation reviving, further penalty as also disabling the appellant from further license; on failure to comply with the undertaking. The learned Co .....

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..... made, the appellant shall be allowed to continue further and the entire amounts shall be paid within 31.03.2019. If a default occurs in any of the above installments being made, then, in addition to the cancellation of the licence, the appellant shall fore-sake their right to further apply for a license and also pay a further amount of ₹ 25 lakhs to the Department for having failed to compl .....

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