2010 (9) TMI 479

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....dvocate and V. Suresh, Advocate, for the Appellant. Shri D.P. Nagendra Kumar Jt. CDR, for the Respondent. [Order per : P.G. Chacko, Member (J)].  - Learned Sr. Advocate for the appellant moves 'modification application' seeking recall of our Miscellaneous Order No. 396/2010 dated 14-9-2010. By the said order, we had directed the appellant to pre-deposit an amount of Rs. 10 crores as ....

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....ticle 226 of the Constitution is the appeal only. It is submitted that, with the Hon'ble High Court's judgment, the appellant's prayer for stay of recovery of dues till final disposal of the appeals stands granted and also their prayer for waiver of pre-deposit stands allowed. In this scenario, according to the learned counsel, what remains to be done by this Tribunal is to consider the appeals on....

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....n to the submissions. Learned Sr. Advocate has made a point. The judgment of the Hon'ble High Court, read as a whole, would show that its direction to this Tribunal is to finalise the appeals in accordance with law on merits. In order to enable this Tribunal to do so, his Lordship had also disposed of the stay applications by granting interim stay of recovery till final disposal of the appeals. Th....

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....ering the effect of the Hon'ble High Court's judgment, we make it clear that the appeals have to be heard on merits without pre-deposit. Since this is a part-heard matter, it should be heard by the same Bench as early as possible. The Hon'ble High Court also has indicated the need to dispose of the case as expeditiously as possible. We, therefore, recall our order dated 14-9-2010 [2011 (21) S.T.R.....