AI Structured Summary
Not yet generated for this judgment
Judgment
Anil Kumar Srivastava, Chairperson
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record.
Misc. Application Diary No. 509 of 2023 has been filed by the Appellant for ensuring compliance of the order dated 30th March, 2023 passed by this Tribunal, which is as under:
“Appeal is dismissed. However, appellant would be entitled to refund of the 25% of the bid amount deposited by them along with interest at the rate of Fixed Deposit prevalent at the relevant time from the date HUDCO received the deposit till the date on which offer is given by HUDCO to the appellant to take refund of the amount deposited by them or if no such offer is made by HUDCO, till the date of actual payment. No order as to costs.”
In compliance of the order it is submitted that 25% of the bid amount deposited is refunded by the opposite party, HUDCO but the interest portion of the order is not complied.
A prayer is also made for condoning the delay in moving the application.
Learned Counsel for opposite party has made two fold arguments; firstly that the application is beyond time and further it is submitted that the opposite party/HUDCO is directed to make the payment of interest portion which is due against him. But as far as other members for consortium is concerned, he is not liable to make payment for their share.
As far as delay is concerned, the Appellant was expecting the opposite parties would pay the interest within few days but their failure to pay the interest caused the delay in filing the application. I find the ground sufficient for condoning the delay. Accordingly delay, if any, is hereby condoned.
The judgment dated 30th March, 2023 has specifically directed the HUDCO to make the payment, if there is any dispute between consortium Banks it can be resolved by them. Since there was a direction issued only to HUDCO for compliance of the order and the order is not challenged in appeal rather 25% amount deposited has already been refunded, accordingly, the opposite party No. 3 and 4 are hereby directed to ensure the compliance of the impugned portion of the order dated 30th March, 2023 within a period of 15 days, failing which Appellant shall be at liberty to proceed in accordance with law under Section 19 (17) of the Recovery of Debts And Bankruptcy Act, 1993. Application stands disposed of.