D C W LIMITED Vs. COMMISSIONER APPEALS

JUDGEMENT

(1.) Rule. Mr. Ketan Dave, learned Counsel waives service of Rule for and on behalf of the respondents.

(2.) In all these applications, the petitioners make their grievance that though they have preferred appeals with the application for stay and for waiver of condition of pre-deposit or penalty, the said applications are not decided and in the mean time coercive recovery is being enforced.

(3.) Applications of this kind are frequent in this Court and other Courts and the Courts are required to hear and to pass orders, which can easily be avoided. Several orders have been cited passed by different Courts and Benches directing the appellate authority to decide the applications in given time and to stay coercive recovery unconditionally, till stay applications are decided. This may create unwarranted impression in some cases because the High Court may grant stay without going into merits and without imposing any condition.