9911796707
TMI Blog2024 (12) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... on account of his not being able to arrange the pre-deposit amount of Rs.8,76,564/-. Without depositing this amount, the petitioner s appeal against the order dated 25 May 2023 would not be entertained. The Axis Bank, Bhayander Branch is directed to transfer the entire amount in the petitioner s bank account to the Registrar of this Court within two weeks of the parties producing an authenticated copy of this order - Once the Bank deposits this amount in the Court, the Registrar of this Court must transfer an amount of Rs. 8,76,564/- to the 2nd respondent within two weeks of such deposit being made. Appeal disposed off. - M.S. SONAK JITENDRA JAIN, JJ. For the Petitioner: Mr. Brijesh Pathak. For the Respondents: Mr. Jitendra B. Mishra a/w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd since the petitioner has an alternate remedy of an appeal against the order dated 25 May 2023, the same should not be entertained. Regarding marking lien, Mr. Mishra refers to several circumstances, including those reported in Order-in-Original. He points out that there are serious issues about the petitioner's status, and there is material to show that the petitioner was issuing fake invoices to facilitate bogus ITC credit under GST laws. 7. We have considered the rival contentions and think that a workable order would be in the interests of justice so that neither party is unduly prejudiced. 8. Having regard to the respondent s allegations and findings given in the Order-in-Original dated 25 May 2023, we are satisfied that this is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such deposit being made. This transferred amount will then serve as a pre-deposit based, upon which the petitioner would be entitled to appeal against the order dated 25 May 2023. The appeal must be filed within four weeks of this Court's transfer of the above amount to the 2nd respondent. In the peculiar facts of this case, if online filing of the appeal is not possible, then the appellate authority must accept the appeal in physical format. Should an appeal be instituted, the appellate authority will consider all parties' contentions. The observations in this order are only prima facie, and they need not influence the appellate authority in deciding the appeal on merits and following the law. 11. The Registrar must invest the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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