MOHANLAL LOKUMAL PUNJABI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) Grievance of the petitioner is, his application for stay was dismissed ex parte . It appears that by order dated 17th December, 2008, petitioners were directed to deposit entire amount of penalty. By order dated 31st March, 2009, the order was varied by adjusting the amount already adjusted against the amount of penalty.

(3.) In our opinion, the Tribunal really cannot be faulted for having proceeded ex parte in absence of lawyer who has filed his vakalatnama. However, considering the facts and circumstances in order to enable the petitioner to prosecute the appeal, we propose to pass the following order.