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TMI Blog2010 (2) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act, however, states "where the Appellate Authority is of opinion that the deposit to be made will cause undue hardship to the appellant, it may, at its discretion, dispense with such deposit either unconditionally or subject to such conditions as it may impose." Hence, under the Act discretion is vested in the Appellate Authority to dispense with a pre-deposit of penalty either unconditionally or subject to such condition as the Appellate Authority may impose. If in exercise of such discretion, the Appellate Authority in the present case dispensed with the pre-deposit penalty of Rs.1,30,00,000/-in each of the two appeals subject to the appellant depositing a sum of Rs.5,00,000/-, the Division Bench of the Delhi High Court ought not t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h of the two licences on the appellant and its partners under Section 11(2) of the Act. Aggrieved, the appellant filed two appeals before the Appellate Authority against the two orders of penalty. Alongwith the appeals, the appellant also filed applications for stay of recovery of the penalty amounts but the appellant was intimated to make pre-deposit of Rs.5,00,000/- towards the penalties after which the appeals will be decided by the Appellate Authority on merits. The appellant failed to make the pre-deposit of Rs.5,00,000/- and consequently the appeals were dismissed. 4. The appellant then filed Writ Petition (C) No.8058 of 2006 in the High Court of Delhi praying for setting aside the orders of the Appellate Authority and the orders of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant. The third proviso to sub-section (1) of Section 15 of the Act, however, states "where the Appellate Authority is of opinion that the deposit to be made will cause undue hardship to the appellant, it may, at its discretion, dispense with such deposit either unconditionally or subject to such conditions as it may impose." Hence, under the Act discretion is vested in the Appellate Authority to dispense with a pre-deposit of penalty either unconditionally or subject to such condition as the Appellate Authority may impose. If in exercise of such discretion, the Appellate Authority in the present case dispensed with the pre-deposit penalty of Rs.1,30,00,000/-in each of the two appeals subject to the appellant depositing a sum of Rs.5,00,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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