2009 (3) TMI 98

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..... porate without analysing the agreement in question and without ascertaining as to whether the appellant is covered by the said definition – no any justification for insisting for any pre-deposit - clear case is made out of undue hardship - no any prejudice to be caused to respondent if stay is unconditionally granted – stay granted - ST/862/2008 - ST/103/2009(PB), - Dated:- 25-3-2009 - Justic .....

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..... n view of the same, we do not find any justification for insisting for any pre-deposit of the amount demanded under the impugned order. In the facts and circumstances of the case, therefore, a clear case is made out of undue hardship. We do not find any prejudice to be caused to respondent if stay is unconditionally granted in the matter. Hence, the application is allowed in terms of prayer clause .....

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