2014 (12) TMI 775

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....: Mr. T. Chandrasekaran Standing Counsel for respondents 1 to 3 ORDER (Delivered by R. Sudhakar,J.) Heard Mr.M.L.Ramesh, learned counsel for the appellant and Mr.T.Chandrasekaran, learned Standing Counsel, who took notice on behalf of respondents 1 to 3. 2. These appeals are filed challenging the order dated 24.10.2014 made in Misc. Order No.41795/2014 in ST/613/2012-DB in ST/ROA/42076....

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....at the order of pre-deposit made by the Tribunal has been belatedly complied with in full by the appellant and that the Tribunal has dismissed the applications for restoration of the appeals as it does not have the power to entertain the appeal once the order regarding pre-deposit is not complied with, this Court is inclined to consider the issue whether in a case of this nature, in order to do su....

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.... Court and various other High Courts to come to the conclusion that when the order of pre-deposit has not been complied with, the Tribunal has no discretion to entertain the appeal. We affirm such a view. 7. However, yet another aspect which needs consideration in the case on hand is the averment made by the applicant in the affidavit filed before the Tribunal in July, 2014, wherein the reason ....