2015 (10) TMI 668

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..... . ORDER The, only ground on which the petitioner has come up with the above writ petition, challenging the conditional order passed by the Commissioner (Appeals) for waiver of pre-deposit condition and for grant of stay is that the 1st respondent has not gone into the question of prima facie case and relative hardship. 2. In view of such a limited submission, I took up the writ petition it .....

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..... . 5. Therefore, the writ petition is allowed. The impugned order is set aside. The 1st respondent is directed to consider the questions of prima facie case and undue hardship and pass a fresh order on the application for waiver and stay, within a period of two weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed.
Case laws, Decision .....

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