AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the parties and perused the records.
Learned counsel for appellant would submit that time for making pre-deposit may be extended as negotiation for settlement between the parties is going on. Per contra, learned counsel for respondent would submit that an agreement for settlement was sanctioned between the parties on 23.04.2026, but the terms and conditions of the same were not complied with by the appellant and same was terminated on 01.07.2026 by the respondent. Thereafter, another proposal for settlement was submitted by the appellant on 01.07.2026, which too was rejected on 02.07.2026 and communicated to the appellant.
Vide order dated 24.03.2026 direction was issued by this Tribunal to make pre-deposit 35% of Rs.9,25,87,075.16 within a period of four weeks. Further, interim protection was granted in favour of the appellant subject to deposit of Rs.01.00 crore with the Registry of this Tribunal to maintain status quo by the parties.
Writ Petition No. 8376 of 2026 was filed by the appellant before the Hon’ble High Court of Andhra Pradesh at Amaravati against the order dated 24.03.2026 passed by this Tribunal wherein vide order dated 08.04.2026 Hon’ble Division Bench of the High Court on the basis of consensus between the parties disposed of the Writ Petition with modification of the Tribunal’s order dated 24.03.2026 to the extent that time allowed to the appellant to deposit Rs.01.00 crore is extended from 30.03.2026 to 24.04.2026 and in case of non-deposit of such amount interim order shall automatically stand vacated.
Appellant has neither complied the order dated 24.03.2026 regarding making of pre-deposit nor comply the order of the Hon’ble High Court dated 08.04.2026 rather made a submission that some negotiation for settlement are going on, which too has negated by the respondents.
In such circumstances, since the order of making pre-deposit has not been complied with by the appellant, appeal could not be maintained and could not be proceeded with. Further, no amount is deposited in compliance of the order of the Hon'ble High Court. In such circumstances, appeal is liable to be dismissed for want of making pre-deposit as not maintainable.
Hon'ble High Court has directed that in case of non-deposit of such amount of Rs.01.00 crore, interim order shall automatically stand vacated. Accordingly, in view of such order interim order also automatically got vacated.
O R D E R
Appeal is dismissed as not maintainable for want of making pre-deposit. I.A., if any, shall also stand disposed of. Costs easy.
File be consigned to record room.
Copy of the Order be uploaded in the Tribunal's website.
