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2004 (2) TMI 503

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..... the Respondent. [Order per : Archana Wadhwa, Member (J)]. Vide Order dated 3-8-2000 passed on Stay Petition filed by the applicants/appellants, they were directed to deposit an amount of Rs. 5.00 lakhs (Rupees five lakhs) within a period of twelve weeks from that date. Subsequently, vide Order dated 9-11-2000, the period to deposit was further extended by four weeks. The applicants/appel .....

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..... (Rupees five lakhs) stands deposited by 14-11-2003. 2. Shri B.N. Chattopadhyay, learned Consultant for the applicants/appellants in support of the said Miscellaneous Application, submits that the Managing Director of the applicant/appellant-company lost his son, and as such he was in a great shock. The son used to look after the activities of the company for a long time and as a result of death .....

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..... e year, 2003. There is no justification for condoning the said delay in complying with the Tribunal s Stay Order. 4. After considering the submissions made by both sides, we find that no doubt the first Order for depositing the amount in question, was passed in August, 2000. However, thereafter, lot of litigations had taken place and the matter was once remanded by the Hon ble High Court for re- .....

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..... AT - New Delhi), wherein the pre-deposit made after about a period of one year from the dismissal of the appeal, was taken note of and the delay in making the pre-deposit, was condoned. 5. Taking note of the financial hardships pleaded by the applicant/appellant-company in that case, we condone the delay in making the pre-deposit in the peculiar facts and circumstances of the present case. The M .....

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