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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed by the Appellant for seeking urgent relief.
This is an application file for an extension of time to deposit the 2nd instalment of pre-deposit ₹ 2.30 lakhs which was directed to be deposited on or before 05.01.2024 as per order of this Tribunal dated 15.12.2023. The total amount directed to be paid as pre-deposit was ₹ 4.3 lakhs, and out of that, ₹ 2 lakhs was paid by the Appellant on the date of order. As a consequence of the upfront payment, there was also a direction to defer the taking over possession till the next date of hearing. The Appellants could not pay the balance amount of ₹ 2.30 lakhs as stipulated and have filed this application for an extension of time.
In this application it is prayed that the payment of ₹ 2.30 lakhs may be waived or in the alternative grant an extension of three weeks. The reasons for not depositing any amount towards the said instalment are that the Appellant is undergoing financial strain and that due to the hospitalisation of the Appellant's son and for his surgery etc; expenses were incurred and he could not not arrange for the money.
There is no evidence about those contentions raised by the Appellant. The Appellant has also not made any payments towards the 2nd instalment and would rather want that payment to be waived. I do not find any bonafide in the prayer of the Appellant seeking an extension of time. The extension therefore is declined and as a consequence, the appeal also stands dismissed.
Misc. Applications, if any, are dismissed as infructuous.