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of <h1>High Court grants waiver of pre-deposit & stay during appeal, emphasizing fair process.</h1> <h3>Vaseem Iqbal Kapadia Versus Union of India & Others</h3> Vaseem Iqbal Kapadia Versus Union of India & Others - 2015 (323) E.L.T. 353 (Bom.) Issues:Interpretation of an interim order granting conditional waiver and stay in a case involving penalty amounts, violation of principles of natural justice, imposition of conditions for deposit and bank guarantee, and the justification for such conditions.Analysis:The High Court analyzed an interim order issued by the Tribunal in a case involving the waiver of penalty amounts. The Court noted that the Tribunal's order raised substantial questions of law regarding the application of mind and the contradictory nature of the order. The Court specifically highlighted the issue of the Tribunal passing orders for two different amounts through predeposit and bank guarantee, which was deemed unsustainable in law. The Court observed that the Tribunal's direction for conditional waiver and stay did not align with the prima facie conclusions reached, indicating inconsistency in the decision-making process.Furthermore, the Court delved into the Tribunal's observations regarding the main appeal's complexity in terms of both facts and law. The Tribunal acknowledged the need for a detailed examination of the case, including aspects related to natural justice and merits. Despite recognizing the arguable nature of the appellant's case, the Tribunal imposed conditions for deposit and bank guarantee, which the High Court found unjustified. The Court emphasized that imposing such conditions effectively denied the appellant a stay, especially when the case required thorough consideration of various grounds and merits.Ultimately, the High Court decided to allow the appeal, granting an unconditional waiver of the pre-deposit and stay during the appeal's pendency before the Tribunal. The Court refrained from expressing opinions on the case's merits but emphasized the need to remove the imposed conditions to ensure a fair and just process. The judgment concluded with the decision to allow the appeal without any costs, signaling a favorable outcome for the appellant in the legal proceedings.
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