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Judgment
The Learned Counsel for the Respondent would submit that the present Appeal has been filed against the order dated 15.05.2026 passed by the DRT-III, Mumbai, whereby the Appellant was directed to make the pre-deposit within the time stipulated therein.
The Learned Counsel for the Respondent would further submit that the present matter is, in substance, not an Appeal but an application seeking extension of time to make the pre-deposit as directed by the DRT-III, Mumbai. He would further submit that since the Appellant seeks extension of time for compliance with the said order, the appropriate remedy is to approach the concerned DRT and not before this Appellate Tribunal.
At this stage, the Learned Counsel for the Appellant sought permission to withdraw the present Appeal with liberty to file an appropriate application before the DRT-III, Mumbai seeking extension of time for depositing the amount in terms of the order dated 15.05.2026.
The Learned Counsel for the Respondent has no objection to the withdrawal of the Appeal with liberty to file an appropriate application before the DRT-III, Mumbai.
Accordingly, Misc. Appeal Diary No. 1086/2026 stands dismissed as withdrawn with liberty granted to the Appellant to file an appropriate application before the DRT-III, Mumbai.
The DRT-III, Mumbai is requested to consider and decide such application for extension of time, if filed, expeditiously in accordance with law.
All pending, I.As., if any, stand dismissed.