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2020 (2) TMI 1113

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..... nd that in the stay applications filed before the Tribunal, the applicants had not pleaded for the financial difficulties faced by them. Thus, for non-compliance of the stay orders, the Tribunal has rightly dismissed the appeals filed by the appellants. The applicants are directed to deposit the entire adjudged dues confirmed in the original orders within a period of 4 weeks from the date of receipt of this order and to report compliance on 10-7-2019. The appeal shall be restored back to file subject to receipt of the compliance report by the next date of hearing. Registry is directed to list the matter on 12-7-2019 for further orders. - Application Nos. E/MISC/ROA/85696-85698/2018 in Appeal Nos. E/86297-86299/2013 - Misc. Order No .....

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..... f the appellants were dismissed by the Tribunal vide Orders dated 29-7-2013 and 29-8-2013 for non-compliance with the provisions of Section 35F ibid. After a gap of more than four and a half years from the date of the final orders, the appellants had deposited the amount as ordered by the Tribunal and filed these miscellaneous applications, seeking for restoration of the appeals. The misc. applications came up for hearing on 3-12-2018 and the Bench directed the applicants for filing of affidavit, showing the reason for delayed compliance of the stay order. Pursuant to such direction, the applicants have submitted the affidavit, explaining that they were facing acute cash crunch due to business losses, for which during the month of March, 20 .....

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..... ly complied with the stay orders and enjoyed the benefit of the amount supposed to be pre-deposited for a considerable period of time, we are of the firm view that ends of justice would be met for restoring the appeals, if the applicants deposit the entire adjudged demands confirmed in the original orders. 5. Accordingly, the applicants are directed to deposit the entire adjudged dues confirmed in the original orders within a period of 4 weeks from the date of receipt of this order and to report compliance on 10-7-2019. The appeal shall be restored back to file subject to receipt of the compliance report by the next date of hearing. It is made clear that if this order has not been complied within the stipulated time frame, the applicatio .....

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