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Judgment
R. D. Khare, Chairperson
Learned counsel for the appellants submits that he has no instruction on behalf of the client, therefore, any suitable order, which may deem fit, may be passed.
Learned counsel for the respondent-Bank submits that the bank has incurred expenses of Rs. 3.00 lacs in arranging for auction of the property in question.
When the matter was taken-up on the last occasion i.e. 03.03.2023, it was categorically stated on behalf of the appellants that the appellants are ready to deposit 25% of the amount due by 06.03.2023 and are also ready to bear the expenses incurred by the bank for taking physical possession of the property in question, which was scheduled to be held on 03.03.2023. On the said submission, this court had granted interim protection till the next date of listing subject to deposit of aforesaid amount by the appellants till 06.03.2023, but today the learned counsel for the appellants contends that neither any amount has been deposited by the appellants nor they are responding. Such act shows that the appellants had misled this court by giving false statement for obtaining the interim order, which is gross and intentional misconduct of the appellants, therefore, the appeal is liable to be dismissed with costs.
Accordingly, the present appeal is dismissed with costs of Rs. 3.00 lacs payable to the respondent-Bank within 15 days from today. If the said cost is not deposited by the appellants within stipulated period, the appellants would not be entitled to be heard on merit before the Tribunal below.
A copy of this order be forwarded to the parties as well as to the DRT concerned and also be uploaded on the e-DRT portal.