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TMI Blog2019 (10) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... amounts as would meet requirements of pre-deposit under Section 129(E) of the Act - HELD THAT:- The petition is dismissed. - WRIT PETITION NO. 2447 OF 2019 - - - Dated:- 26-9-2019 - M.S. SANKLECHA NITIN JAMDAR, JJ. Mr. Gautam Ankhad i/b Sayali Phansikar, for the Petitioner. P.C. : This Petition under Article 226 of the Constitution of India seeks waiver of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal served a notice dated 16 July 2019 in its pending appeal from the order dated 12 April 2019 that the appeal is listed before the Tribunal under the caption Maintainability on 16 August 2019. The Petitioner without awaiting for the result of the notice dated 16 July 2019, has approached this Court. We are further informed that hearing of the notice dated 16 July 2019 was adjourned on 16 Aug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requirement of pre-deposit for the purpose of appeal being entertained is constitutionally valid. It is a settled position in law that right of an appeal is a statutory right and it can be conditional. Thus this right of appeal can only be exercised on fulfilling of the condition provided in the statute. Thus we refuse to issue a writ/direction to the Tribunal to entertain the petitions / appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the order dated 31 July 2018 of the Single Judge, of this Court in Commercial Suit No.63 of 2016. This amount is in respect of the sale of the Petitioner s vessel. Therefore, the prayer is that the Petitioner be allowed to withdraw such amounts as would meet requirements of pre-deposit under Section 129(E) of the Act. In view of the order of the Hon ble Apex Court referred to herein-above this p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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