Prima facie case and unchallenged unjust enrichment finding justified stay of recovery for an alleged erroneous refund.

Recovery of an alleged erroneous refund was stayed pending appeal because the appellant showed a strong prima facie case for interim protection. The Tribunal relied on an earlier final order in the appellant's own case on unjust enrichment, which had not been appealed against, and treated that unchallenged order as supporting the stay request. The application for waiver of pre-deposit and stay of recovery was therefore accepted, and recovery of the entire demanded amount was suspended during the pendency of the appeal.

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Issues: Whether recovery of the alleged erroneous refund was liable to be stayed pending disposal of the appeal, having regard to the appellant's prima facie case and the effect of the earlier tribunal order in its own case.

Analysis: The application sought waiver of pre-deposit and stay of recovery in respect of the alleged erroneous refund. The Tribunal noted that the appellant had relied on an earlier final order passed in its own case on the issue of unjust enrichment, and that no appeal had been filed against that order. On that basis, the Tribunal found that the appellant had made out a strong prima facie case for interim protection.

Outcome: Recovery of the entire demanded amount was stayed during the pendency of the appeal.

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