2025 (5) TMI 1762

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....ition<br>JUSTICE YOGESH KHANNA) MEMBER (JUDICIAL) AND MR. AJAI DAS MEHROTRA) MEMBER (TECHNICAL) For the Appellant: Ms Aditi Sharma, Advocate. For the Respondent: Mr Avinash Sharma, Ms Akanksha Kapoor, Advocates for R1. Ms Srashti Prashar, Advocate. ORDER HYBRID MODE This IA No.799/2023 has been filed by the appellant praying therein to direct the release of the Fixed Deposit Rece....

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.... by way of FDR, in the name of Registrar, NCLAT, the impugned order(s) in respect of them shall remain stayed. Appellants-"Sanjay Agencies", Lahs Green India Pvt Ltd, will also deposit the amount @ 10% of the penalty and full amount by the individuals, within the same period." 3. The said amount was deposited by the Appellants in favour of the Ld. Registrar, NCLAT. This appeal was decided along....

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....rough the impugned order we find no indication as to whether the appellants were asked to explain regarding exemplary penalty i.e. maximum 10% or detailed reasons has been assigned for the same. It is true that in respect of imposing penalty discretion has been given to the CCI, but at the same time it is settled that discretion may not be exercised indiscreet manner. We are of the opinion that th....

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....d to CCI to examine the issue of penalty by affording an opportunity to the Appellant. CCI had filed an appeal before the Hon'ble Supreme Court vide Civil Appeal No.1985/2023 which appeal was also dismissed on 19th February, 2025, hence this application. 4. It is submitted by the appellant since the CCI is deciding about the quantum of penalty afresh hence the FDR deposited in pursuance to the ....