M/S Prospect Engineering Thr Its Prop Avinash C. Vikar And ANR v. M/S Triveni Trust Thr. Its Authorized Repr. Sh Vinay Kumar And ANR
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It is argued by learned counsel for the petitioner that the impugned order is not sustainable in the eyes of law as learned appellate Court, while giving such direction, failed to consider the fact that the deposit of 20% of the compensation amount was not absolute requirement for suspension of sentence and this condition was to be imposed in exceptional circumstances. Hence, it is urged that the impugned order passed by the appellate Court is liable to be set aside. To fortify his argument, he has placed reliance upon the judgments passed by the co-ordinate Bench of this Court in 'CRM-M-35334-2021 titled as 'M/s Guru Nanak Pesticides & Fertilizers vs. FMC India Pvt. Ltd. and another' decided on 14.07.2023. 3.
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; Jamboo Bhandari vs. M. P. State Industrial Development Corporation Ltd. And others : (2024) 1 SCC (Cri) 90$ 6' '
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% . In the instant case, while imposing condition of deposit of 20% of compensation amount, the learned Appellate Court is not shown to have given any opportunity to the petitioner to make submissions regarding the exceptional circumstances warranting requirement of waiver of depositing of 20% of compensation amount and is shown to have imposed the said condition without the same. Therefore, keeping in view the settled proposition of law to the effect that the Appellate Court was firstly required to consider as to whether the instant case falls within the exceptions warranting grant of suspension of sentence without imposing condition of deposit of 20% of compensation amount/fine, the impugned order dated 28.02.
2024 cannot be stated to be sustainable to the extent to which the condition of deposit of 20% of the compensation amount was imposed. Accordingly, the same is set aside to that extent.
requirement of depositing 20% of the compensation amount in pursuance of judgment passed by Hon'ble Supreme Court in Jamboo Bhandari's case (supra). The petition stands disposed of.
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