Decided on July 19,2006



Motilal B.Naik, - (1.) THIS application is filed under Section 151 of CPC. 1908 read with Section 22 of the RDDBFI Act, 1993, seeking extension of time for payment of the balance amount of Rs. 25 lacs in terms of the order passed by this Tribunal on 1st February, 2006 in the application under Section 21 of the Act.
(2.) Heard Counsel for the applicants and also the Counsel for the respondent-Bank. According to Mr. Rao, Counsel for the applicants, his clients are poor agriculturists, and their land the subject-matter of the case, has been acquired by the Haryana Government Counsel slated that adisputc has arisen about the compensation to be paid for the land so acquired and as such the applicants are running pillar to post for realising the compensation. Counsel stated that though this Tribunal directed to deposit the balance amount of Rs. 25 lacs by 31stMay, 2006. as a result of these developments the applicants have not been able to arrange money and deposit it. Counsel pleaded that a lenient view may be taken in facts and circumstances of the case and some more time be granted for depositing the balance amount of Rs. 25 lacs. Counsel for the respondent-Bank. Mr. Suresh Dobhal. on the contrary, brought to my attention the applicants, conduct of filing this appeal and allowing it to be dismissed at the initial stage and of subsequent filing of restoration application leisurely only when the recovery proceedings were sought to be taken up by the Recovery Officer. Counsel stated that though the restoration application was allowed and application under Section 21 was ordered by this Tribunal directing the applicants to deposit certain amounts within a stipulated period, that conditional order has not yet been complied with by the applicants. Counsel contended that the applicants are not as poor as they claim, and pleaded rejection of this application.
(3.) HAVING regard to the order passed by this Tribunal on 1st February, 2006, though primarily I am not inclined to grant any extension, having noticed the fact that some litigation appears to be going on with the Haryana Government with regard to the compensation to be paid for the land acquired by the Government, that factor has been considered by me and on that ground extension is granted finally up to 30ln September, 2006. If the applicants fail to deposit the balance amount of Rs. 25 lacs by that date, the conditional order of stay granted by this Tribunal on 1st February, 2006 shall stand vacated. The application is ordered accordingly.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.