Erode Infrastructures Pvt.Ltd. v. Rail Land Development Authority
in WA No.761 of 2023 THE HON'BLE CHIEF JUSTICE and P.D.AUDIKESAVALU, J.
(Order of the Court was made by the Hon'ble Chief Justice) We have heard Mr.R.Singaravelan, learned senior counsel for the applicant and Mr.Siddharth Bahety, learned counsel for the respondents.
2. The present application is filed seeking extension of time to deposit the amount as directed by this Court under order dated 21.08.2023 passed in the writ appeal. Under order dated 21.08.2023, we had directed as under:
"15. In the light of that, we modify the order and pass the following order:
(1) The order passed by the learned Single Judge of setting aside the impugned order is maintained.
(2) The appellant/writ petitioner shall deposit the remaining
installments along with simple interest at 15% per annum on or before 05.09.2023.
(3) If the appellant fails to deposit the amount as directed above on or before 5.9.2023, then the present appeal shall axiomatically stand dismissed.
(4) If the appellant deposits the amount as directed above, then the parties shall perform further part of the contract as is stipulated.
(5) The payment of GST or any other tax, shall be paid as per the terms of the contract.
The applicant was supposed to pay the amount along with 15% interest on or before 05.09.2023. The applicant has failed to deposit the amount.
3. The learned counsel for the non-applicants submits that as on today, an amount of Rs.4,99,44,841/- (Rupees four crore ninety nine lakhs forty four thousand eight hundred forty one only) is payable by the applicant as per the order of this Court dated 21.08.2023.
4. The learned senior counsel for the applicant submits that he has a Demand Draft for Rs.1,84,00,000/- (Rupees one crore eighty four lakhs only) ready and today itself, it can be handed over to the learned counsel for the non-applicants. The learned senior counsel further submits that the remaining amount as demanded by the respondents would be paid by 13.09.2023.
5. We have in fact exercised our discretion while passing the order dated 21.08.2023 and we had waived off 3% penal interest. In fact, the order dated 21.08.2023 is self-explanatory.
6. By way of last opportunity, we pass the following order. The applicant shall deposit the amount demanded by the respondents, that is, Rs.4,99,44,841/- (Rupees four crore ninety nine lakhs forty four thousand eight hundred forty one only) and whatever interest would be there calculated upto 11.09.2023, on or before 11.09.2023.
6. It is made clear that no further extension of time would be
granted by this Court and in case the applicant fails to deposit the amount as per the order passed by this Court on 21.08.2023 and as demanded by the respondents, then clause (3) of para 15 of the order dated 21.08.2023 shall be operative.
The application is, accordingly, disposed of. (S.V.G., CJ.) (P.D.A., J.) 08.09.2023 sra
THE HON'BLE CHIEF JUSTICE and P.D.AUDIKESAVALU, J.
(sra) in WA No.761 of 2023 08.09.2023