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TMI Blog2019 (3) TMI 1533X X X X Extracts X X X X X X X X Extracts X X X X ..... h has to be complied with for filing the appeal - Learned counsel for the petitioner fails to satisfy us that the appellate authority has a power to relax that condition. Concededly, the petitioner has not filed the appeal complying with the said provision. The writ petition disposed off leaving it open to the petitioner to move an appropriate application before the first respondent. - Writ Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeal (defective). Learned counsel for the petitioner submits that the petitioner has moved an application to waive the requirement of the compulsory deposit of seven and a half per cent of the total amount but the said application has not been entertained by the authorities concerned. We have heard Ms. Pooja Talwar, learned counsel for the petitioner, and Sri Ashok Singh, learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against; (iii) against the decision or order referred to in clause (b) of sub-section (1) of Section 129-A, unless the appellant has deposited ten per cent of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the petitioner seeks leave of the Court to move an appropriate application before the appellate authority to remove the defect. In view of the above, we dispose of the writ petition leaving it open to the petitioner to move an appropriate application before the first respondent. Needless to say that we have not expressed our view on the merits of the case. The first re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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