Prima facie case for waiver of predeposit accepted on project-supply documents and contractor certificate supporting interim relief.

Prima facie entitlement to interim relief was accepted where the goods were shown, through the contract documents and clearance papers, to have been supplied for the identified project under the main contractor. A certificate from the main contractor supported the claim that the pipes were used for the sewerage and drainage work, and the discrepancy that the Project Authority's Certificate stood in another name was treated as insufficient to defeat stay at the interim stage. On that prima facie assessment, complete waiver of predeposit and stay of recovery during the pendency of the appeal were granted.

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Issues: Whether the applicant had made out a prima facie case for waiver of predeposit and stay of recovery pending appeal.

Analysis: The dispute at this stage turned on a narrow question of eligibility for interim relief. The goods were shown to have been supplied for the identified project under the contract placed through the main contractor, and the project reference appeared in the clearance documents. A certificate issued by the main contractor supported the claim that the pipes were supplied for the sewerage and drainage work of the project. On a prima facie review, the departmental objection that the Project Authority's Certificate stood in another name did not dislodge the applicant's entitlement to interim protection.

Conclusion: The applicant was found to have made out a prima facie case for complete waiver of the predeposit and for stay of recovery during pendency of the appeal.

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