2009 (7) TMI 258

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....i V. H. Kantharia and J.B. Mishra, Advocates, for the Respondent. [Order]. - P.C. Rule : Heard forthwith. 2. The Tribunal in the impugned order directed to pre-deposit a sum of Rs. 2 crores plus service tax within 8 weeks of its order dated 20-4-2009 [2009 (16) S.T.R. 279 (Tri. - Mumbai)] and further passed an order that failure to comply with the directions will result in dismissal of their....

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....ultancy or scientific or technical assistance. In other words, transfer of brand name, transfer of patent right, prima facie would [not] fall within [these] predicates. Petitioners, therefore, have made out a prima facie case. Petitioners also had filed their balance sheet which shows that for 9 months up to 31-12-2008, they had incurred a loss of Rs. 13.28 crores. 4. Considering the above and ....

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....ed and consequently, if the appeal has been dismissed, that order is set aside and the appeal will stand restored to the file. 5. The Tribunal thereafter, to hear and dispose off the appeal on merits. Rule made absolute accordingly. No order as to costs. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No. 1179 of 2009 Kopran Ltd., Mumbai ....