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TMI Blog2013 (5) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... thin a period of eight weeks from the date of receipt of a copy of its order, the benefit granted by the Tribunal in the stay order shall continue to operate pending disposal of the appeal. On a query from the Bench, learned advocate submits that they have not deposited Rs.40 lakhs till date.Thus, for non-compliance of the order of Hon’ble High Court, the appeal is dismissed. - Appeal No.E/MISC/4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der passed by this Tribunal. By judgement dt. 19.10.2010 in C.M.A. No.2411 of 2010, the Hon ble High Court modified the deposit in so far as the deposit of Rs.75 lakhs as directed by the Tribunal can be reduced to a sum of Rs.40 lakhs. The relevant portion of the judgement of the Hon ble High Court is reproduced herein below:- 12. Applying the principles laid down in the above said decision, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, which can be disposed of by the Tribunal independent of this order and on its own merits. 13. Subject to the above modification as regards the quantum of deposit is to be made, in all other aspects, the order of the Tribunal stands confirmed. The civil miscellaneous appeal is thus disposed of. No costs. Consequently, MP. Nos. 1 and 2 of 2010 are closed. 3. The learned advocate submits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n our considered view, since the stay order passed by this Tribunal has already been modified by the Hon ble High Court by judgement dt. 19.10.2010, the stay order of the Tribunal is merged with judgment of the Hon ble High Court. Hence, the MISC application filed by applicant has become infructuous and accordingly the same is dismissed. 5. We find from the judgement dt. 19.10.2010 that the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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