Annual capacity computation dispute: conflicting Tribunal views supported a prima facie case for stay pending appeal.

Interim relief was granted in a capacity-determination dispute under the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998, where the applicant challenged inclusion of gallery length in the chamber length used to compute annual capacity. Conflicting Tribunal views on the same computation issue showed a prima facie case for stay pending appeal, and operation of the impugned order was stayed during the appeal.

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Issues: Whether stay of operation of the impugned order determining annual capacity was warranted pending appeal.

Analysis: The application challenged inclusion of the length of galleries in the length of the chambers for computing annual capacity under the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998. The record disclosed conflicting Tribunal views on the same question. In view of those contrary decisions, the applicants established a prima facie case for interim relief.

Conclusion: Stay of operation of the impugned order was granted during the pendency of the appeal.

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