In Brief
B. Himmatlal Agrawal, a coal and sand transport firm, was penalized Rs. 3.61 crores by the Competition Commission for alleged anti-competitive practices. It appealed to the Appellate Tribunal, which granted conditional stay requiring deposit of 10% penalty. When the firm failed to deposit due to financial hardship, the Tribunal dismissed the entire appeal. The Supreme Court held that dismissing the main appeal for non-compliance with a deposit condition was invalid. While non-compliance could vacate the stay, it could not eliminate the statutory right to have the appeal heard on merits. The Court allowed the appeal and remitted it for decision on substantive grounds.
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