- (1.) Despite Mr. Singh, learned advocate for the appellant/applicant having received the caveat lodged by the claimants/respondents 1 to 3, such fact had not been brought to our notice on 16th November, 2017 when an ex parte order was passed on the stay application staying operation of the impugned award on condition that the appellant/applicant secures the sum awarded by the tribunal in favour of the claimants/respondents 1 to 3 within a particular time.
(2.) The application has been listed once again on being mentioned by Mr. Guha Roy, learned advocate appearing on behalf of the claimants/respondents 1 to 3. He has taken exception to the application for stay being moved by the appellant/applicant without service of copy of the same on the learned advocate for the caveators.
(3.) Mr. Singh has conceded that it was a mistake on his part not to have brought to our notice that the claimants/respondents 1 to 3 had lodged a caveat. He, however, submits that in compliance with the order dated 16th November, 2017, Rs. 13,58,679/- has duly been deposited and after tendering unqualified apology, he has left the matter to the discretion of the Court.;