In Brief
The appellant, a coal and sand transportation firm, was penalized Rs. 3.61 crores by the Competition Commission of India for alleged anti-competitive practices. On appeal to the Appellate Tribunal, the appellant obtained conditional stay subject to depositing 10% of the penalty. Unable to deposit due to financial hardship, the appellant requested modification. The Tribunal dismissed both the modification plea and the main appeal itself. The Supreme Court held that while the Tribunal could impose conditions on stay orders, non-compliance could only result in vacation of stay, not dismissal of the appeal. The Court allowed the appeal, set aside the dismissal, and restored the matter for decision on merits while making clear the stay stood vacated.
The lawyer headnote and full judgment text are available to registered users.