Ashok Menon, Chairperson
1. The matter is taken up for hearing by way of praecipe filed by the applicant for seeking urgent relief.
The appellant had filed this appeal with Interlocutory Application No. 650/2024 (I.A.) for waiver of pre-deposit and on finding that the appellant will have to pay a sum ₹1.15 crore toward the pre-deposit, a sum of ₹5 lakhs was paid upfront and a sum of ₹1.10 crore was directed to be paid in two equal instalments within the gap of two weeks and three weeks respectively.
2. The appellant had complied with the initial payment and then sought extensions which were granted and the balance was directed to be paid within the outer limit which was 17.10.2024 but again the appellant filed further extension of time as I.A. No 762/2024 for the outstanding balance a sum of ₹45 lakhs. Two weeks were granted till 12.11.2024 and it was clarified that no further extension of time will be granted. When the appeal was called on 13.11.2024 it was submitted that there was a demand draft ready for the balance amount a sum of ₹45 lakhs with the appellant but since the order had to be complied with on or before 12.11.2024 and the order was self-working the appeal got dismissed on 13.11.2024. The appellant thereafter, filed this application for restoration and recalling the order of dismissal and has also produced the demand draft which is dated 13.11.2024 to restore the appeal.
3. Heard the Ld. Counsel appearing for the appellant and also the Ld. Counsel appearing for the respondent bank and auction purchaser. The Ld. Counsel appearing for the appellant submits that there is no wanton default on the part of the appellant. He had made an earnest attempt to see that the amount was paid within time but there was a delay of one day in getting the demand draft for payment of the balance pre-deposit amount.
4. The Ld. Counsel appearing for the respondent bank vehemently opposed this application stating that sufficient time had already been granted and there was an extension of time granted earlier and therefore, no further indulgence be shown to the appellant by restoring the appeal.
5. After having heard both sides, I find that the appellant has made an earnest attempt to see that the payments are made within the time. One extension of time was indeed granted. The second extension of time was granted as a final chance to pay but since there was only a days delay in paying the amount. I am inclined to allow this application and the appeal is restored to file. The appeal shall be taken file if there are no other defects to be cured. The amount shall be received and deposited in a fixed deposit as already ordered. Interim orders, if any, shall also be restored.
List the matter on 02.01.2025 before the Registrar.
