Application for release of pre-deposit amount allowed in circumstances where main appeal dismissed for nonprosecution; deposit to be released with interest within 15 days. Procedural order without reasoning.
Registrars directed to release pre-deposit amount of Rs. 1,38,500/- with interest within 15 days.
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M.A. No. 58/2022 In Regular Appeal No. 143/2014 Date: 11.01.2023
Vishun Lal Vs. Vijaya Bank
Present: Shri Sahil Srivastava, counsel for the appellant,
Heard the learned counsel for the applicant on the application for release of amount.
Learned counsel for the applicant submits that the present application has been filed for releasing the amount of Rs. 1,38,500/-, which was deposited by the applicant with the Registrar of this Appellate Tribunal towards pre-deposit. It is further stated that the main appeal was dismissed for nonprosecution vide order dated 31.07.2015, therefore it is prayed that the said amount be released in favour of the applicant.
In view of the above, the application is allowed and the Registrar of this Tribunal is directed to release the amount deposited as pre-deposit along with interest in favour of the applicant at the earliest preferably within 15 days from today.
Justice R. D. Khare
Chairperson
Anupam
1 issue framed by the court
Whether the amount deposited as pre-deposit towards the main appeal can be released to the applicant.
Vishun Lal
Vijaya Bank
R. D. Khare
As recorded by the court registry
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