9911796707
TMI Blog2019 (10) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... not call for any interference by this Court in this proceedings under Article 226 of the Constitution of India. In the instant case, however, the financial position of the petitioner society is projected as weak, and more importantly, it has been more than 8 months since the Appeals have been filed before the Appellate Authority and the petitioner has been enjoying the benefit of a stay from this Court since January 2019. I deem it appropriate to dispose the Writ Petition with a direction to the 3rd respondent Appellate Authority, before whom the Appeals preferred by the petitioner against the orders of penalty are pending, to consider and pass orders in the said Appeals within a period of three months from the date of receipt of a copy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals preferred against the penalty orders the petitioner had sought for a stay of recovery of penalty orders confirmed against him pending disposal of the Appeals by the Appellate Authority. The Appellate Authority considered the said applications and directed the petitioner to remit a total of ₹ 2.5 crores each in the respective Appeals as a condition for grant of stay of recovery of the balance amounts of penalty that were confirmed against the petitioner through the penalty orders. It is these orders of the Appellate Authority that are impugned in this Writ Petition, inter alia, on the contention that the financial position of the petitioner society is bleak and it will not be in a position to even pay the amount of ₹ 2.5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on with a direction to the 3rd respondent Appellate Authority, before whom the Appeals preferred by the petitioner against the orders of penalty are pending, to consider and pass orders in the said Appeals within a period of three months from the date of receipt of a copy of the judgment, after hearing the petitioner. It is also made clear that till such time as the 3rd respondent passes orders in the Appeals and communicates the orders to the petitioner, the stay granted by this Court, against recovery of the penalty amounts confirmed against the petitioner, shall be kept in abeyance. The petitioner shall produce a copy of the Writ Petition, together with a copy of this judgment before the 3rd respondent for further action. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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