2015 (1) TMI 947

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nless the Supreme Court decides striking down this portion of law, the statute has to be operated. We, therefore, dismiss the appeal. However, time to comply with the order of the learned Tribunal is extended for a period of one month from date. We make it clear that all findings recorded at the prima facie stage by the learned Tribunal or that of our order will not be binding at the final stage o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... aiver of pre-deposit and consequently, stay of operation of the order was made. The learned Tribunal, assessed the extent and degree of the prima facie fact as made out by the appellant. The learned Tribunal found that the case is not so strong, for which, full waiver was warranted. Essentially going by prima facie case alone element of hardship as projected was not found, while doing so findings .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... statute has to be operated. We, therefore, dismiss the appeal. However, time to comply with the order of the learned Tribunal is extended for a period of one month from date. We make it clear that all findings recorded at the prima facie stage by the learned Tribunal or that of our order will not be binding at the final stage of hearing. 5. Consequently, the miscellaneous applications shall .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X