Dismissed

Ms Sai Enterprises and Others v. Indian Bank and Others

DRAT3 Jan 2023REGULAR APPEAL/230/2016

Case brief

AI extract

What is this about?

In a restoration application filed under Sec. 9 of the Arbitration and Conciliation Act, 1996, challenging the dismissal of an appeal for want of pre-deposit, the Appellate Court held that a dismissed appeal cannot be revived by making the pre-deposit at any later point in time, especially when the application is barred by limitation.

What did the court decide?

Restoration application rejected being barred by limitation; deposit of Rs. 20 lacs ordered to be returned within a fortnight.

Ms Sai Enterprises and Others versus Indian Bank… — Civil Procedure and Limitation | DRAT (2023)

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M.A. No. 51/2022 In Regular Appeal No. 230/2016 Date: 03.01.2023

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M/s Sai Enterprises & Ors. Vs. Indian Bank & Ors.

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Present: Shri S. K. Gupta, counsel for the appellants,

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Heard the learned counsel for the appellant on the restoration application.

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Learned counsel for the appellants submits that unless predeposit is made, no appeal shall be entertained, therefore, the pre-deposit can be made at any point of time. It is further submitted that the appellant has deposited Rs. 20.00 lacs vide demand draft no. 534869 dated 01.11.2022 in compliance of the order dated 20.09.2019 passed by this Appellate Tribunal. It is also submitted that in the present case, the limitation would not apply as he is only complying the aforesaid order passed by this Tribunal, therefore, it is prayed that the appeal be restored to its original number and heard on merits.

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The present restoration application has been filed by the applicants on 21.11.2022 to restore the Appeal Sr. No. 230/2016 by recalling the order dated 03.01.2020. It appears that the waiver application was decided by this Appellate Tribunal vide order dated 20.09.2019 directing the applicants to deposit Rs. 20.00 lacs towards pre-deposit and the case was fixed for compliance on 21.10.2019. On the said date, the learned counsel for the appellant sought time to comply the said order and accordingly, the case was listed for 13.12.2019 for compliance. On 13.12.2019, time was again sought by the appellant for compliance and the case was fixed for 03.01.2020. On 03.01.2020, the learned counsel for the appellant further sought time to comply the aforesaid order and accordingly, 15 days’ further time was granted i.e. upto 20.02.2020, failing which the appeal shall stand dismissed for

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want of pre-deposit without reference to the Tribunal. If the compliance is made, then list this case on 24.02.2020. The appellant has again failed to comply the said order and the appeal was ordered by the Registrar to be treated as dismissed in view of the order dated 03.01.2020 passed by this Appellate Tribunal. As such the present restoration application is highly barred by limitation for more than 2.5 years, for which no application for condonation of delay has been filed by the applicants.

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In view of the aforesaid, this court does not find any merit in the argument raised by the learned counsel for the appellant and it is not open for any party to make pre-deposit at any point of time after dismissal of the appeal for want of predeposit. Accordingly, the restoration application filed by the appellant is rejected being highly barred by limitation.

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The draft of Rs. 20.00 lacs deposited by the applicant be returned within fortnight.

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Justice R. D. Khare Chairperson

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Anupam

Ms Sai Enterprises and Others v. Indian Bank and Others

Case brief

What is this about?

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Ms Sai Enterprises and Others v. Indian Bank and Others

Case brief

What is this about?

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