Writ Petition Granted for Additional Bank Guarantee, Appeal Decision Expected in 12 Weeks

The writ petition was granted in favor of the petitioner, directing the submission of an additional bank guarantee of Rs. 1 Crore, making the total bank guarantee required Rs. 2.8 Crores. The Appellate Tribunal was instructed to address the petitioner's grounds and decide on the appeal within 12 weeks. No costs were awarded, and connected miscellaneous petitions were closed following the judgment.

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Issues involved: Interpretation of undertaking for pre-deposit amount, validity of bank guarantee, jurisdiction of Appellate Tribunal.

Interpretation of undertaking for pre-deposit amount: The petitioner contended that there was no undertaking to make a pre-deposit of Rs. 1 Crore in addition to the bank guarantee of Rs. 1.80 Crores, while the respondents argued that the petitioner had indeed given such an undertaking within a specified timeframe.

Validity of bank guarantee: The Court directed the petitioner to furnish a bank guarantee of Rs. 1 Crore, in addition to the existing bank guarantee of Rs. 1.80 Crores, to be submitted within two weeks. The total bank guarantee required was set at Rs. 2.8 Crores, to be maintained until the appeal's disposal by the Appellate Tribunal.

Jurisdiction of Appellate Tribunal: The Court emphasized that the Appellate Tribunal should address the grounds raised by the petitioner in the writ petition, as the order issued by the second respondent was under challenge in the ongoing appeal before the Appellate Tribunal. The Appellate Tribunal was instructed to hear and decide the appeal on its merits and in accordance with the law within 12 weeks from the date of the Court's order.

Conclusion: The writ petition was granted in favor of the petitioner, with the directive for the additional bank guarantee and the Appellate Tribunal to proceed with the appeal's hearing and disposal. No costs were awarded, and connected miscellaneous petitions were closed as a result of the judgment.

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