Tribunal dismisses Diwan Industries' appeal, upholds order for Rs 10 lacs deposit

The Tribunal ordered Diwan Industries to deposit Rs 10 lacs within six weeks, with non-compliance leading to dismissal of appeals. Diwan Industries failed to comply, resulting in dismissal of the writ petition. The Tribunal highlighted an association between two firms engaged in clandestine activities, justifying the conditions imposed in the stay order and rejecting the petitioner's application. The Court dismissed the petitioner's appeal under Article 226 of the Constitution of India, declining to intervene in the matter.

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Issues:
1. Compliance with pre-deposit order by Diwan Industries.
2. Tribunal's order regarding association between two firms.
3. Challenge to the order dated 5-9-2008.
4. Compliance with the order dated 9-6-2008 by Diwan Industries on 4-11-2008.
5. Petitioner's appeal under Article 226 of the Constitution of India.

Compliance with Pre-Deposit Order:
Three appeals were filed against the Commissioner's order, focusing on the issue of pre-deposit. A common order was passed on 9-6-2008, directing Diwan Industries to deposit Rs 10 lacs within six weeks. Failure to comply would result in dismissal of the appeals. The Tribunal reaffirmed this order on 5-9-2008 and extended the compliance period by eight weeks. On 4-11-2008, Diwan Industries failed to appear for compliance, leading to the dismissal of the writ petition.

Tribunal's Order Regarding Association Between Firms:
The Tribunal's order highlighted the association between two firms, where Applicant No. 2 was found to be involved in clandestine activities with Applicant No. 1. The Tribunal justified the conditions imposed in the stay order due to this association, leading to the rejection of the petitioner's application.

Challenge to Order Dated 5-9-2008:
The order dated 4-11-2008 was challenged, with a mention of the order dated 5-9-2008. The petitioner's delay in approaching the Court due to receiving a copy of the order on 5-11-2008 was deemed an afterthought. No objection was raised regarding the non-receipt of the order dated 5-9-2008 during the hearing on 4-11-2008.

Compliance with Order Dated 9-6-2008 on 4-11-2008:
On 4-11-2008, Diwan Industries did not appear for compliance with the order dated 9-6-2008. The petitioner's request reiterated previously rejected contentions, leading to the dismissal of the writ petition.

Petitioner's Appeal under Article 226:
Given the circumstances, the Court declined to exercise its power under Article 226 of the Constitution of India. Consequently, the writ petition was dismissed.

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