Clarifications sought re:slp
Partha Roy
(Querist) 13 December 2014
This query is : Resolved
Vide an Order passed by NCDRC, the O.P, a builder, was directed to pay Rs.50 Lakhs + interest to us. O.P filed SLP in SCI against above order and the following direction was issued by the Hon'ble Court: "We direct learned counsel for the petitioners to deposit a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) in this Registry within a period of two weeks from today. Upon such deposit being made, issue notice returnable in the month of February, 2015. Dasti service, in addition, is permitted"
My questions are as under:
1.Does the order imply that the SLP filed by the Petitioner has been allowed and that they may file an appeal?
2.What happens if the amount is not deposited in the registry within the prescribed period?
3. If the SLP is dismissed will the amount be released directly to us?
4. The Hon'ble Judge verbally mentioned that he will 'execute' on the next hearing date - what did he mean?
With Seasons Greetings to the erudite experts of Lawyersclub
Partha Roy
prabhakar singh
(Expert) 13 December 2014
On facts stated SLP is subject to compliance of deposit, any failure in making deposit would lead to dismissal of case.
The judge might have meant to release the
deposit amount in favour of respondent, in case petitioner looses his case.
Partha Roy
(Querist) 13 December 2014
Respected Advocate Prabhakar Singh Esquire:
Thank you for your kind reply.
Regards
Partha Roy
Devajyoti Barman
(Expert) 13 December 2014
yes, deposit of 50 lac is made a condition precedent for admission of appeal.
Partha Roy
(Querist) 14 December 2014
Thank you all for your kind replies.
Seasons Greetings
Partha Roy
