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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed on 15.12.2023 by the Appellants seeking urgent relief.
The Appellants have filed an application for restoration of appeal which was dismissed for default for non-payment of pre-deposit vide order dated 23.11.2023. The Appellants were directed to deposit a total sum of ₹60 lakhs as pre-deposit. The Ld. Counsel appearing for the Appellants undertook that ₹10 lakhs would be paid on 24.11.2023 and the balance of ₹50 lakhs was directed to be paid in two equal instalments of ₹25 lakhs on 07.12.2023 and 21.12.2023 respectively. The Appellants, however, paid only ₹15 lakhs on 07.12.2023 instead of ₹25 lakhs towards the first instalment, misunderstanding that it was inclusive of ₹10 lakhs that ₹25 lakhs had to be paid on 07.12.2023 and therefore, seeks indulgence from the Tribunal to receive the balance amount which was payable on 07.12.2023 after condoning the delay.
The Respondent has been served but there is no representation today.
After hearing the Ld. Counsel appearing for the Appellants, it is found that there was a mistake in the understanding of the order of this Tribunal and hence, the balance amount due for the first instalment is directed to be received out of time.
For compliance regarding 2nd instalment, call on 22.12.2023.