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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed by the appellants for seeking urgent relief.
The appellants were directed to deposit a sum of ₹18 lakhs as pre-deposit vide order dated 19.09.2024. On the date of the order, the appellants produced a demand draft of ₹10 lakhs, and the balance of ₹8 lakhs was directed to be paid within two weeks, i.e.; on or before 03.10.2024.
In the meanwhile, a notice of dispossession of the appellant from the subject property was issued and the appellants had filed a praecipe on 26.09.2024 for an early hearing. The Ld. Counsel appearing for the respondent bank sought time for filing a reply to the application for waiver of deposit and it was also submitted that the appellants would not be dispossessed without serving at least 15 days’ notice. For curing the defects, the matter was posted before the Registrar on 11.10.2024.
The order dated 19.09.2024 specifically states that the default of payment of any of the amount/instalments on time shall entail the dismissal of the appeal without further reference of this Tribunal. ₹8 was supposed to be paid on or before 03.10.2024 and it is noted that in view of the appeal being taken up for hearing on praecipe on 26. 09.2024, the appeal was not listed before hearing on 04.10.2024 as originally directed, to report compliance regarding balance payment of the pre-deposit. It is seen that the balance amount of ₹8 lakhs was deposited only on 11.10.2024. There is a delay in depositing the said amount and no application for extension was filed before
10.2024. Hence, the appeal would stand dismissed for non-compliance of the order dated 19.09.2024. This fact was not revealed by either side, which resulted in the appeal being listed before the Registrar for curing defects.
Hence, the appeal stands dismissed.
Interlocutory applications, if any, are dismissed as infructuous.