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Judgment
Ashok Menon, Chairperson
This application is filed by the Appellants seeking refund of the amount which was deposited by the Appellants before this Tribunal under the provisions of Section 21 of the R.D.B. Act.
The order passed by this Tribunal was challenged in Writ Petition No. 3653 of 2021 before the Hon’ble High Court of Judicature at Bombay and that W.P. was disposed by the Hon’ble Division Bench of High Court on 13.01.2022 holding that nothing survives in this Appeal before this Appellate Tribunal and hence the Appeal was directed to be treated as closed. Accordingly, this Tribunal treated the Appeal No. 92/2019 pending before this Tribunal as closed vide order dated 28.03.2022. There was a specific direction by the Hon’ble High Court to treat the deposited made here u/s 21 of the R.D.B. Act be considered as a mandatory deposit u/s 30 for the Appeal (L) No. 727 of 2019 pending on the files of D.R.T.-I, Mumbai.
Now, it is submitted by the learned counsel appearing for both sides that the Appeal (L) No. 727 of 2019 has already been disposed of by the D.R.T. Under these circumstances, the Appellants seek withdrawal of the amount deposited before this Tribunal. The legal position is well settled that when the Appeal gets disposed of, the amount paid towards pre-deposit should be returned to the Appellant.
Since the Appeal before this Tribunal has already been disposed of, I find that the Appellants are entitled to get a refund of pre-deposit made for the purpose of entertaining the Appeal. Hence, the application is allowed. The Registrar is directed to issue a Demand Draft for the pre-deposited amount along with the accrued interest to the Appellants on proper acknowledgement..