1991 (1) TMI 142

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y upon perusing the petition and the affidavit filed in support thereof the Order of the High Court, dated 9-1-1991 and made herein and the Counter and Reply affidavits filed herein and the records relating to the Order in Misc. Order No. M-285-90-D (A.No. E/2464/86-D dated 6-12-1990 on the file of 2nd respondent comprised in the return of respondents to the Writ made by the High Court, and upon h....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....esent appeal namely E/18/86/MAS was posted for hearing on 3-12-1990. On that day, a counsel from Madras went to Delhi and sought for an adjournment of the case to the 5th December or 6th December to be taken with other two connected appeals. Again on 5th December, adjournment was sought for on the ground that the connected appeals had not been posted and therefore the appeal should be posted along....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... within one month from today and report the compliance to the Registry. Failure to pre-deposit the said amount may entail the dismissal of the appeal without any further notice." In other words, what the Tribunal has now done is that merely because an adjournment was sought for, it has purported to modify the earlier order dated 20-2-1986 and has directed the petitioner to pay the balance of Rs....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....re the petitioner does not gain anything by having the present appeal posted along with the other appeals and have them disposed of together at an early date. For the sake of asking for an adjournment of the above nature, certainly the Tribunal was not justified in recalling the earlier order under Section 35F of the Act and directing the petitioner to pay the entire balance. It appears that the o....