1983 (6) TMI 196

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....., for the Respondent. ORDER The prayer in the petition is for the stay of the operation of the order passed by the Gold Control Administrator which required the appellants to pay redemption fine of Rs. 25,000/- and a penalty of Rs. 2,00,000/-. The petition is filed on behalf of M/s. Meena Jewellery. The petitioners stated in the petition that they are not in a position to pay Rs. 2,25,000/-....

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....deposit the redemption fine in order to consider their appeal, normally the party aggrieved need not seek stay of that part of the order but in the instant case the Gold Control Administrator has passed an order that the confiscation becomes absolute if redemption fine is not paid within 3 months. Apparently because of such an order the appellants have come up with, the prayer for stay of the enti....

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....er is concerned. Even if the appellants succeed in the appeal they may not get back the confiscated gold by reason of the confiscation becoming absolute on account of non-payment of redemption fine. The ends of justice require that that part of the order should be stayed pending consideration of the appeal and accordingly we direct stay of that part of the order unconditionally. We say it is uncon....

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....nalty in the event of the petitioners/appellants failing in their appeal. 5. Considering the undue hardship that would cause to the petitioner and taking into account the interest of revenue we feel it reasonable to call upon the appellants to furnish bank guarantee for a sum of Rs. 1 lakh and execute a bond with solvent surety for the remaining sum of Rs. 1 lakh. 6. For the reason....