TMI Blog2024 (4) TMI 904X X X X Extracts X X X X X X X X Extracts X X X X ..... . The petitioner cannot be allowed to be sitting on the fence. The filing of this petition is nothing but an after thought as the petitioner wants to escape the liability of payment of pre-deposit, which is mandated by law. In a catena of judgements, the Supreme Court and various High Courts have categorically held that the condition of the pre-deposit cannot be waved/modified by the High Court in its extraordinary discretionary writ jurisdiction. Any discretion to be exercised by the writ Court is judicial in nature and is required to be exercised only in accordance with law. If the High Courts were to interfere/tinker with the amount of pre-deposit to be deposited, the entire provision of pre-deposit would become otiose. A Division Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rials on record. 4. In my view, an alternative efficacious remedy is available to the petitioner wherein, the petitioner has already filed his appeal. The very fact that the petitioner has already filed the appeal, precludes this Court from now examining this matter in writ jurisdiction. The petitioner cannot be allowed to be sitting on the fence. The filing of this petition is nothing but an after thought as the petitioner wants to escape the liability of payment of pre-deposit, which is mandated by law. 5. In a catena of judgements, the Supreme Court and various High Courts have categorically held that the condition of the pre-deposit cannot be waved/modified by the High Court in its extraordinary discretionary writ jurisdiction. Any disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber 4, 2014) to buttress his argument that the writ Court has jurisdiction to reduce/waive the condition of pre-deposit in case prima facie case is made out by the petitioner due to undue hardship. 8. Upon a perusal of the above judgements, I am of the view that I am bound by the judgements in Shri Subhash Jain (Supra) and Kantilal Bhaguji Mohite (Supra). The judgements cited by the counsel appearing on behalf of the petitioner in Ravi Gupta (Supra) and Shukla Brothers (Supra) are in relation to the period prior to 2014 wherein the amendments were brought in by the legislature in the respective Acts. Subsequent to the amendments, the law with regard to waiver of the pre-deposit by the High Court has taken a 'U turn' and now the High ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
