Reference application does not automatically stay a Tribunal order; stay of redemption relief was refused for lack of grounds.

The Tribunal held that filing a reference application does not, by itself, suspend the operation of the order sought to be referred. As the questions framed in the reference application did not challenge the legal authority for the redemption direction, and no independent ground for stay was shown, the request to stay implementation of the earlier miscellaneous order was rejected. The application was dismissed, leaving the redemption relief order operative pending the reference proceedings.

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Issues: Whether the operation of the Tribunal's earlier miscellaneous order directing implementation of redemption relief should be stayed pending a reference application to the High Court.

Analysis: The Tribunal noted that the questions framed in the reference application did not include the authority in law for the redemption direction. It also applied the settled view that filing of a reference application does not, by itself, suspend or stay the operation of the order sought to be referred, and that no ground was shown for staying the miscellaneous order.

Conclusion: The prayer for stay was rejected and the application was dismissed.

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