RAMESH BHATIJA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner had filed the present petition against the order dated 3rd July, 2008 deciding the application of the petitioner seeking dispensation of the pre deposit, whereby dispensing of the pre deposit of penalty of 70% of the penalty amount was allowed and the petitioner was directed to deposit 30% of the penalty amount within 30 days of the receipt of the order.

(2.) IN the writ petition by order dated 2nd September, 2008 the operation of the order dated 3rd July,2008 was stayed on petitioner depositing 5% of the penalty amount within six weeks from the said date. The time to deposit 5% of penalty amount was further extended by order dated 5th December, 2005.

(3.) DESPITE the order dated 2nd September, 2008 to deposit 5% of the penalty amount, the amount has not been deposited. By order dated 15th May, 2009 it was clarified that the interim order was conditional, subject to deposit of 5% of the penalty amount within six weeks which was further extended for six weeks by order dated 5th December, 2008 and in case the order has not been compiled with, the Appellate Tribunal shall be at liberty to dispose of the appeal in accordance with law.