2010 (4) TMI 580

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..... d does not have the financial resources to deposit Rs. 5,00,000/- Tribunal has not evaluated this case, before fixation of pre-deposit. - 146 of 2006 - - - Dated:- 9-4-2010 - I.P. Mukerji, J. REPRESENTED BY: S/Shri P.K. Dutta and N.K. Chowdhury, Advocates, for the Petitioner. [Order]. - The Court : The writ petitioner is aggrieved by an order of the Tribunal fixing pre-deposit as a co .....

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..... it. In my opinion, a direction upon the writ petitioner to deposit a sum of Rs. 5,00,000/- has indeed caused hardship. For his inability to deposit Rs. 5,00,000/-, the appeal has been dismissed. 3. I am constrained to note that although this writ application was filed in 2006, no step was taken to prosecute this writ application upto this period. However, when this writ application appeared for .....

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..... te of issuance of a copy of this order. In default of making this deposit, the Appellate Tribunal may again initiate steps as available in law. But I make it clear that by this order the appeal before the Tribunal stands restored and is deemed to be pending. The Appellate Tribunal is directed to dispose of the appeal on merits within a period of three months from the date of communication of this .....

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