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2014 (4) TMI 883

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..... the tribunal in not adjourning the proceedings time and again. Nevertheless, in facts of the case when it is pointed out to us that at-least on the last occasion the reason pressed was sickness of representative of the petitioner and when by an ex-parte order, pre-deposit of sizeable amount of ₹ 1 crore came to be imposed, in our opinion, the petitioners deserve one last opportunity to argu .....

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..... e. - SPECIAL CIVIL APPLICATION NO. 798 of 2014 - - - Dated:- 6-3-2014 - AKIL KURESHI AND MS. SONIA GOKANI, JJ. FOR THE PETITIONER : MR KAMAL TRIVEDI, SR ADVOCATE WITH MR PARESH M DAVE, WITH MR PARITOSH GUPTA, ADVOCATE FOR THE RESPONDENT : MR RITURAJ M MEENA, ADVOCATE MR RJ OZA, ADVOCATE JUDGMENT Akil Kureshi, J. Heard learned counsel for the parties for final dispos .....

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..... t to deposit a sum of Rs. 1 crore by way of pre-deposit within a period of 12 weeks from the date of order. The petitioner preferred Misc. Application requesting the tribunal to recall the said order. The tribunal passed order on 3.12.2013 rejecting such an application. Hence this petition. 3. We have not the slightest doubt that having filed the proceeding before the tribunal, the petitioner o .....

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..... d by the tribunal are set aside, the proceedings are placed back before the tribunal for consideration on merits and disposal in accordance with law. For such purpose, tentatively we fix the date of 21.4.2013 before the tribunal. This is only in order to ensure that no fresh notice shall have to be served to the parties of such proceedings. It is made abundantly clear that if on such date the trib .....

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