TEJ ENTERPRISES Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This special appeal is directed against order dated 09.04.2012 passed by Single Bench, whereby learned Single Judge, while admitting the writ petition of petitioner/appellant, decided the application filed by the respondents under Article 226(3) of the Constitution of India and modified ex-parte interim stay order dated 28.03.2011 and directed that operation of the order dated 04.03.2011 shall remain stayed provided the petitioner deposits a sum of Rs. 7,50,000/-(Rupees Seven Lacs Fifty Thousands) within a period of four weeks.

(3.) Submission of learned counsel for the appellant is that looking to the entire facts and circumstances of the case, the so-called penalty was wrongly imposed by the respondents, therefore, it was a fit case for confirmation of ex-parte interim stay order till the disposal of writ petition and the same should not have been vacated, particularly when the writ petition has been admitted and the impugned order is liable to be set aside. He further submitted that even deposit of this amount has not been made subject to final decision of the writ petition.