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TMI Blog2010 (2) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... that the interests of justice would be served if the impugned order of the Appellate Tribunal is modified, and it is directed that the Petitioners’ appeal should be heard on merits now that each of them has deposited 15 per cent of the penalty amount as directed by this Court. The impugned order of the Appellate Tribunal will stand modified accordingly. The Appellate Tribunal will proceed with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Special Director of the Directorate of Enforcement. 2. When WP (Civil) No. 9161/2007 was first heard by this Court on 10-12-2007 the following order was passed : "W.P.(C) 9161/2007 CM APPEAL No. 17251/2007 Issue notice, returnable on 18-3-2008. The applicant s grievance is that the respondent despite being made aware that all the documents had been supplied to him, proceeded to cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e applicant s grievance that clubbing of his case with the others was apparently a non-application of mind. The impugned order was decided the application for waiver of pre-deposit. The Tribunal declined the application which has resulted a liability of one Rs. 67 lakhs as penalty amount which the Petitioner is now required to deposit. In view of the above observations and having considered th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case to show that the order of the Special Director itself suffered from serious irregularities and illegalities. It was, therefore, submitted that more than prima facie case has been made out by each of the Petitioners herein in their appeals before the Appellate Tribunal. It is submitted that these contentions have not been addressed by the Appellate Tribunal in the impugned order. Also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls and pass a final order thereon within a period of six months from today. 7. It is made clear that no observations made in the impugned order of the Appellate Tribunal will influence its final decision in the appeals pending before it. Further it would be open to the Petitioners to urge the points raised in these petitions before the Appellate Tribunal. Each of the points will be considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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