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TMI Blog2011 (12) TMI 370X X X X Extracts X X X X X X X X Extracts X X X X ..... e with the postal stamp of “non-delivery” remark - It is clarified that this date is fixed only as a preliminary date and it would be entirely the discretion of the Tribunal to fix the date of further or future hearings according to their convenience - Petitions are disposed of - Special Civil Application No. 15348 of 2011 with SCA No. 15346 of 2011 - - - Dated:- 1-12-2011 - Akil Kureshi and Sonia Gokani, JJ. REPRESENTED BY : Shri Dhaval Shah, Advocate, for the Petitioner. Shri Y.N. Ravani, Advocate, for the Respondent. [Order per : Akil Kureshi, J. (Oral)]. Heard learned advocate Shri Shah for the petitioners and Shri Ravani for respondent nos. 1 3. Though served, no one appeared for the respondent no. 2-Registra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pproached the Tribunal once again, sought modification of its order on pre-deposit and also prayed for restoration of the appeal. Such application, however, once again came to be dismissed by the Tribunal by its order dated 3rd May 2011. The Tribunal passed the following order :- The present restoration of appeal application and modification application stands filed in respect of the order No. S/493-494/WZB/AHD/2010, dated 31-5-2010, when the appellant was directed to deposit entire dues within a period of eight weeks from that date. It was observed in the said order that the appellants were not causing any appearance before the Tribunal inspite of the notices of hearing having been sent to them. 7. Against these orders passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the circumstances, we are of the opinion that the petitioners are required to be granted an opportunity to appear before the Tribunal and argue their stay/waiver of pre-deposit applications. 12. Under the circumstances, orders dated 31st May 2010; 9th August 2010; and 3rd May 2011 are set-aside. In essence, the stay application/application for waiver of pre-deposit of the petitioner s applications are revived. The same shall be considered by the Tribunal on merits. To remove any possibility of mis-communication, it is provided that such applications shall be placed before the Tribunal for preliminary hearing on 19th December 2011, on which date, without any notice from the Tribunal the petitioners or their counsel shall remain presen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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