AI Structured Summary
Not yet generated for this judgment
Judgment
This matter has been taken up by me from my residential office through Video Conferencing (VC) because of suspension of physical hearing of cases in DRAT due to spread of Corona virus in the country.
I.A. no.303/2020.
This application is filed by Shri Bhanwar Singh, proprietor of appellant no.1 company seeking waiver of compliance of condition of pre-deposit for entertaining the present appeal.
Ld. Counsel for the appellant says that he is very much conscious of the fact that appeal before this Tribunal cannot be entertained without compliance of requirement of pre-deposit and this Tribunal cannot give relief of waiver of deposit of minimum 25% of decretal amount. However, appellant is neither in a position to pay court fee for which he has also filed an application seeking exemption from making payment of court fee nor he is in a position to make pre-deposit even minimum amount of 25% of decretal amount.
As far as compliance of the mandatory requirement of making of pre- deposit is concerned, this Tribunal cannot grant waiver beyond 25% of decretal amount under any circumstances. This Tribunal has no discretion whatsoever to entertain the appeal without pre-deposit of at least minimum 25% of decretal amount. In these circumstances, there is no purpose of even issuing any notice of this appeal as well as application for waiver of court fee to the bank or to keep this appeal pending. This appeal is liable to be dismissed for non-compliance of mandatory requirement of pre-deposit and so is dismissed for non-compliance of condition of pre-deposit.