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SLP on waiver of statutory pre-deposit dismissed, no perversity in discretion or grounds under Article 136 shown SC dismissed the special leave petition challenging an order rejecting waiver of statutory pre-deposit in an appeal. The petitioner contended that the ...
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SLP on waiver of statutory pre-deposit dismissed, no perversity in discretion or grounds under Article 136 shown
SC dismissed the special leave petition challenging an order rejecting waiver of statutory pre-deposit in an appeal. The petitioner contended that the Tribunal and HC failed to consider financial hardship while insisting on compliance with pre-deposit requirements. SC held that the HC had correctly examined the Tribunal's discretionary order and found no perversity or error warranting interference under Article 136 of the Constitution. Concluding that no substantial question of law or manifest injustice was demonstrated, SC declined to entertain the petition and dismissed the SLP.
Issues Involved: 1. Consideration of hardship in requiring additional payment by petitioner. 2. Examination of discretion exercised by Tribunal and High Court. 3. Petition seeking special leave to appeal under Article 136 of the Constitution of India. 4. Stay order by the Supreme Court and requirement of deposit by petitioner.
Analysis: 1. The first issue revolves around the consideration of hardship faced by the petitioner due to the requirement of an additional payment of Rs. 1.60 crores, on top of the already deposited Rs. 2 crores. The Tribunal's decision was challenged on the grounds of not taking into account the aspect of hardship. The Supreme Court noted the discrepancy between the pre-deposit amount of Rs. 1.23 crores and the total liability of Rs. 16.51 crores. However, the High Court upheld the Tribunal's discretion without interference.
2. The second issue involves the examination of the discretion exercised by the Tribunal and subsequently reviewed by the High Court. The Supreme Court scrutinized the order passed by the High Court and found no reason to entertain the petition seeking special leave to appeal under Article 136 of the Constitution of India. The Court concluded that the petition must be dismissed based on the detailed examination of the matter.
3. The third issue pertains to the petition seeking special leave to appeal under Article 136 of the Constitution of India. The Supreme Court, after thorough consideration, decided to dismiss the petition. However, in the interest of justice, the Court allowed the petitioner to make the requisite deposit within four weeks from the date of the judgment.
4. The final issue relates to the stay order issued by the Supreme Court on 06.11.2017, which suspended the operation of the impugned orders concerning the deposit requirement. Despite dismissing the petition seeking special leave to appeal, the Court directed the petitioner to make the necessary deposit within four weeks, emphasizing that the petition stands dismissed subject to this condition. Additionally, any pending applications were disposed of as part of the judgment.
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