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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 filed this application for restoration of the appeal which was dismissed for non-payment of the 1st instalment of pre-deposit on 26.12.2024 as directed by this Tribunal vide order 12.12.2024. It is submitted that a sum of ₹50 lakhs which was to be paid on 26.12.2024 was paid only on 27.12.2024, and hence, the one-day delay.
The Ld. Counsel appearing for the appellant submits that the amount may be received condoning the delay of one day and the appeal be restored to file. There is another application filed by the appellant as I.A. No. 17/2025 seeking an extension of time to pay the 2nd instalment a sum of ₹50 lakhs which is due and payable today, i.e., 09.01.2025. The appellants were supposed to be a sum of ₹50 lakhs today but it is submitted they could arrange a sum of ₹12 lakhs only, and for the balance ₹38 lakhs, 15 days is sought.
The Ld. Counsel appearing for the respondent bank has vehemently opposed these applications stating that the reason stated for restoration of the appeal and also the extension is not sustainable. It is also contended that the auction purchaser has not been made out as a party in this appeal and therefore, the restoration of the appeal in his absence would not be proper.
The Ld. Counsel appearing for the submits that the application for impleading the auction purchaser was already made in the S.A. before the D.R.T. which has been allowed and the party has been impleaded and, in this appeal, also the application is made for impleading the auction purchaser but in the interregnum, the appeal got dismissed for non-compliance of payment of the 1st instalment on time.
Considering all these facts and circumstances, I find that the opportunity has to be granted to the appellants to contest the appeal on merits. On the date of the order, they had already paid a sum of ₹1 crore and the total amount that was payable toward the pre-deposit ₹2 crore. The balance of ₹1 crore was directed to be paid in two equal instalments of ₹50 lakhs each within the gap of two weeks each. The 1st instalment was paid with a delay of one day but unfortunately, there was no application before the date of payment for extension time and hence, the appeal was dismissed.
Considering these facts and circumstances, I find that the appellants have made an earnest attempt to pay the amount of pre-deposit and hence, the application for restoration is allowed. The 2nd instalment which is due and payable today has also not been paid and the Ld. Counsel submits that a sum of ₹12 lakhs will be paid today and there is a shortfall of ₹38 lakhs.
Considering the entire facts and circumstances an extension to pay the 2nd instalment is granted and the appellants shall pay the shortfall ₹38 lakhs toward the 2nd instalment by 20.01.2025. The interim order also shall stand restored and continue till the next date of hearing.
List the matter on 21.01.2025 for reporting compliance regarding the payment of pre-deposit.