High Court directs Tribunal to reconsider petitioner's application, emphasizing reserved rights and contentions.

The High Court directed the Tribunal to reconsider the petitioner's application on its merits, emphasizing that all rights and contentions were reserved. The Tribunal was instructed to pass orders as warranted, respecting the parties' rights and contentions as per the law. The High Court's judgment highlighted the importance of the Tribunal acting in accordance with this principle and ensuring proper exercise of jurisdiction without overreaching the High Court's order.

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Issues:
Challenge to Tribunal's order compelling petitioner to seek clarification of High Court's previous order.

Analysis:
The High Court addressed the issue of the Tribunal's order compelling the petitioner to seek clarification of the High Court's previous order. The High Court noted that its order from 5.12.2012 was clear in keeping all rights open regarding the petitioner's contentions for waiver of pre-deposit. The Tribunal's reservations based on a Supreme Court order from 23.04.2012 were deemed puzzling by the High Court. The Supreme Court order did not preclude the petitioner's remedies and rights under other provisions of the law. The High Court emphasized that the Tribunal should have exercised its jurisdiction to either reject or allow the petitioner's application, or impose appropriate conditions, instead of overreaching the High Court's order.

The High Court directed the Tribunal to reconsider the petitioner's application on its merits, taking into account the contentions of both parties, and to pass orders as warranted. The High Court reiterated that all rights and contentions were reserved. The writ petition was disposed of accordingly. The High Court's judgment emphasized the importance of respecting the parties' rights and contentions as per the law, and directed the Tribunal to act in accordance with this principle.

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