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TMI Blog2016 (2) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... the other that their senior counsel is pre-occupied in the Hon'ble high Court. Again it was listed on 09.07.2015 and this Bench has given last chance to the Counsel and the case has been posted for hearing on 19.8.15. Again when it was listed today the Ld. Advocate again seeks for adjournment on the same grounds. We find that the stay application is pending since one year and adjourned several times. Since sufficient opportunities were given to the Counsel from February 2015 to July 2015, we do not fined any valid reason for giving further adjournment on the same grounds again and again. Accordingly, the stay application is taken up today for disposal. 2. The brief facts of the case are that the appellant is the Tirunelveli Municipal C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered pre-deposit on 'Renting of Immovable Property Service' based on the Hon'ble Supreme Court ruling on 'Renting of immovable properties. The Ld. AR relied on the decision of the Hon'ble High Court of Madras in the case of Tiruppattur Municipality Vs. CST, Chennai (supra) against the order of the Tribunal directing the pre-deposit, where this Tribunal ordered pre-deposit keeping in view of the principle laid down by the Hon'ble Supreme Court. The Hon'ble high Court of Madras in the above order upheld the pre-deposit order of this Bench and directed the appellant to pre-deposit the amount in six equal monthly instalments. The relevant portion of the Hon'ble High Court decision is reproduced as under: "8. As rightl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclined to set aside the order of the Tribunal. However, following the above said decision of the Supreme Court, we are inclined to modify the order of the Tribunal. Accordingly, we pass the following order: "(i) the order of the Tribunal is modified to the effect that the appellant is directed to deposit the amount as ordered by the Tribunal in six equal monthly instalments on or before 1st of every month. The first instalment shall commence from January, 2015. (ii) If there is any failure to deposit any one of the instalments by the due date, it will be open to the Tribunal to proceed in accordance with law. (iii) On the deposit of 1 st instalment within the stipulated time, the Tribunal is at liberty to take up the appeal and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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