7 We note that the impugned order dated 2nd May, 2018 of t he Tribunal records that the Petitioner places reliance upon the decision of the Delhi High Court in Jain Manufacturing (I) P. Ltd., (supra), in the context of its case. However, the impugned order dated 2nd May, 2018 of the Tribunal, does not deal with the same in the context of the Petitioner's facts. We are conscious of the fact that at the stage of consideration of application for stay and directing the pre-deposit, a detailed order may not be necessary. However, the authorities concerned must deal with the decision relied upon by the parties and give a prima facie, view with regard to the applicability of the decision to the facts of the case. Nonconsideration of the decision (even prima facie , at the stage of stay) is an order without giving any reason, resulting in a flaw in the decision making process. The consideration of the decision of the Delhi High Court in Jain Manufacturing (I) Pvt. Ltd., (supra) which in turn, relied upon the decision of the Supreme Court , is relevant in the present facts. This for the reason that if the issue in the context of the facts in this case is covered by the decision of the Delhi High Court, then it may have a bearing on the determination of the amount pre-deposit and/or grant of unconditional stay.
