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Calcutta High Court · body

2000 DIGILAW 115 (CAL)

Jex Corporation v. Union of India

2000-03-08

R.K.Mazumdar, Y.R.Meena

body2000
JUDGMENT Heard learned Counsel for the appellant. On an application for exemption from pre-deposit, the Member(Judicial)ordered on 2.6.99 that petitioner should pay Rs.50,000/-.The petitioner has moved again a second stay application and considering the fact that earlier the petition was disposed of on merits and again those are considered and no justification was found by the Tribunal to exempt the petitioner from depositing of Rs.50,000/- as against pre-deposit amount required under the Act before filing the appeal. That order was challenged before learned single Judge. Learned Single Judge rejected the prayer for stay of order dated 2.6.1999. 2. Being aggrieved from the order of learned Single Judge dated 17.9.1999 the petitioner/appellant filed this appeal. We heard learned Counsel for the appellant at length. Considering the submissions and facts and circumstances of the case, the Tribunal has already reduced the pre-deposit amount as required under the provisions of the Act, for filing of appeal. There is no justification to reduce further the amount from Rs. 50,000/-.Thus we find no merit in stay application as well as in appeal. In the result the appeal as well as stay application are dismissed. Appeal and stay application disposed of.