Tribunal has no jurisdiction to dismiss appeal on failure to deposit penalty amount by appellant

Competition Act : Where Appellate Tribunal dismissed appellant's appeal on account of its inability to pay ten per cent of penalty demanded for availing benefit of stay, since section 53B clearly implies that appeal has to be decided on merits, in case of failure of appellant to deposit 10 per cent of penalty amount, only stay could have been vacated, however, Tribunal had no jurisdiction to dismiss appeal itself

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