TMI Blog2021 (12) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... ited by way of predeposite. Without entering into the merit of the matter, the impugned recovery notice dated 29.05.2021 qua Financial Years 2011-2012 and 2013-14 is being stayed till the appointment of either the President or Member of the Tribunal. The additional two weeks time shall be given to the petitioners as taking up his matter may take some more time - Petition disposed off. - R/SPECIAL CIVIL APPLICATION NO. 15753 OF 2021 - - - Dated:- 27-10-2021 - HONOURABLE MS. JUSTICE SONIA GOKANI AND HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK UCHIT N SHETH FOR THE PETITIONER MR. TRUPESH KATHIRIYA, AGP FOR THE RESPONDENT ORDER PER : HONOURABLE MS. JUSTICE SONIA GOKANI 1. This Court in Special Civil Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... despite his application and the pendency of Second Appeal before the Tribunal. 5. The petitioners have preferred an early hearing application on 11.10.2021, a letter was also sent to the second respondent informing him about the pendency of the stay application before the Tribunal. 6. The petitioners are before this Court as the sole member of the Tribunal is demitting the office today evening and there is none to preside over. Their grievance are with regard to the pendency of this application for interim relief and the issuance of the notice by the second respondent. 7. We had requested the learned advocate to give an advance copy to the learned Assistant Government Pleader, Ms.Maithili Mehta, she, on instructions, conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate, Mr.Uchit Sheth to permit further two weeks after the appointment of the Presiding Member or President as they may also have some other priorities. 11. Acceding to the request for present, without entering into the merit of the matter and without deciding also on the propriety of the earlier order of the Tribunal waiving the pre-deposit and of remanding the matter to the concerned authority, the impugned recovery notice dated 11.10.2021 is being stayed till the appointment of either the President or Member of the Tribunal. The additional two weeks time shall be given to the petitioners as taking up his matter may take some more time. 12. As a parting note, it is being specifically mentioned that grant of the stay will not w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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