TMI Blog2015 (7) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the State Commission or ₹ 35,000/- being condition precedent for entertaining appeal, it has no nexus with the order of stay, as such an order may or may not be passed by the National Commission. Condition of pre-deposit is there to avoid frivolous appeals. If the National Commission after hearing the appeal of the parties in its discretion wants to stay the amount awarded, it is open to the National Commission to pass an appropriate interim order including conditional order of stay. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two different stages. One (pre-deposit) has no nexus with merit of the appeal and the other (grant of stay) depends on prim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by impugned common order dated 15th May, 2012 passed conditional interim order which reads as under: Heard. Issue notice on main appeal as well as on stay applications to the respondents, returnable on 22.11.2012. In the meanwhile, operation of the impugned order shall remain stayed, till next date, subject to appellants depositing 50% of the awarded amount (principal amount), within three months from today, with the State Commission. On deposit of the amount, State Commission shall put the same in fixed deposit in a Nationalized Bank, initially for one year. Dasti. 6. Learned counsel for the appellant contended that the impugned interim order dated 15th May, 2012 passed by the National Commission is contrary to the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order in such form and manner as may be prescribed: Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent of the amount or rupees thirty-five thousand, whichever is less. On plain reading of aforesaid Section 19, we find that the second proviso to Section 19 of the Act relates to predeposit required for an appeal to be entertained by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f on merits after hearing both the sides. 11. The second proviso to Section 19 of the Act mandates pre-deposit for consideration of an appeal before the National Commission. It requires 50% of the amount in terms of an order of the State Commission or 35,000/- whichever is less for entertainment of an appeal by the National Commission. Unless the appellant has deposited the predeposit amount, the appeal cannot be entertained by the National Commission. A pre-deposit condition to deposit 50% of the amount in terms of the order of the State Commission or ₹ 35,000/- being condition precedent for entertaining appeal, it has no nexus with the order of stay, as such an order may or may not be passed by the National Commission. Condition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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