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Judgment
The present Misc. Application No. 52/2023 has been filed seeking a direction that in view of the order dated 19.05.2011 passed by this Appellate Tribunal the Intervener Society be directed to deposit the corpus fund amount payable to Appellant No. 2 along with interest at the rate of 12% per annum before the Registry of this Appellate Tribunal.
It is submitted by the Learned Counsel of the Appellants that the Appellants had filed a Misc. Appeal No. 44/2005 aggrieved by the order dated 28.02.2005 passed by the DRT-III, Mumbai on the grounds mentioned in the Appeal and the same Misc. Appeal was allowed vide judgement dated 02.06.2014 subject to deposit of 25% of the claim amount within four weeks and cost of ₹5,000/- towards the Respondent royalty.
The Learned Counsel for Appellant would further submit that the Respondent Unity Complex Co-op. Housing Society in this M.A. No. 52/2023 was directed by the Learned Predecessor of DRAT, Mumbai on 19.05.2011 to deposit the Appellant No.2 share in the corpus fund with the Registry of this Appellate Tribunal within 15 days of the receipt of the fund and directed that the said deposit be kept with State Bank of India for 13 months to be renewed from time to time. He would further submit that the intervener has not complied with the order dated 19.05.2011 passed by the DRAT, Mumbai. Therefore, the intervener be directed to deposit the amount of corpus fund of the Appellant No.2 with 12% interest per annum in the Registry, DRAT, Mumbai.
Per contra, the Learned Counsel for the Intervener would submit that the Intervener has filed M.A. No. 832/2015 seeking permission to deposit the amount of corpus in compliance with the order dated 19.05.2011 passed by this Appellate Tribunal.
It is an admitted fact that in compliance of the order dated 19.05.2011 passed by the Learned Predecessor has not been complied with by the intervener. Had the intervener complied with the order by depositing the corpus with the Registry, DRAT, Mumbai within 15 days from 19.05.2011 it would have accrued interest.
In view of the above and considering M.A. No. 52/2023 this Appellate Tribunal directs the Respondent Society to deposit an amount of ₹4,94,106/- along with interest at the rate of 6% per annum calculated from the date of the order dated 19.05.2011 passed by this Appellate Tribunal. The said amount shall be deposited with the Registry of this Appellate Tribunal within a period of two weeks from today.
Accordingly, M.A. No. 52/2023 stands disposed of.
All pending I.As if any stand dismissed.