In Brief
Manohar Infrastructure and TDI Infrastructure challenged National Commission orders that required them to deposit the full amount of refunds ordered by State Commissions as a condition for staying those orders pending appeal. The Supreme Court held that while the National Commission can order deposits exceeding the statutory 50% minimum (which is mandatory to file the appeal), such conditional stay orders must be supported by reasoned, speaking orders after hearing both parties and considering established principles like prima facie case and balance of convenience. The impugned mechanical orders were set aside and remanded to the National Commission to decide afresh with proper reasoning within eight weeks."
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