2005 (10) TMI 520

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..... Karnataka Appellate Tribunal. It appears that the Tribunal, during the pendency of the appeal, had granted certain interim orders which enured to the benefit of the petitioner. But, unfortunately for the petitioner, such interim orders having ceased in terms of the operation of provisions of second proviso to subsection (5) of section 22 of the Act which read as under: Provided further tha .....

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..... petitioner has furnished security to the satisfaction of the respondents; that in such a situation, even during the pendency of the petitioner's appeal before the Tribunal,if the authorities should resort to recovery of the balance 25 per cent also, that really puts the petitioner into great difficulty. It is also the submission of learned counsel for the petitioner that the Tribunal itsel .....

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..... ieve quite the opposite to what the law intended to achieve through the amendments to the existing law and by inserting such provisions of law which have brought about the present situation. In such circumstances, I do not find it proper to pass any order either main or interim, which can in any way detract from the efficacy of the statutory provisions. Likewise, I do not find any occasion t .....

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