ORDER

Date of Decision: 04.09.2024 JUSTICE R. D. KHARE, CHAIRPERSON

1. The present application was heard and reserved for orders on the point of release of excess amount lying with the respondent-Bank vide order dated 24.05.2024 of this Tribunal.

2. Learned counsel for the applicant submitted that he had filed an appeal no. 81/2008 against the order dated 10.01.2005, by which the O.A. No. 80 of 2003 filed by the respondent-Bank was decreed ex-parte for a sum of Rs. 14,38,175.74 together with pendentelite and future interest @13.77% per annum with quarterly rests w.e.f. 09.04.2003 till the recovery is made from the defendant nos. 1 to 4.

3. The learned counsel for the applicant further submitted that the applicant had total deposited Rs. 14,38,176/- towards pre-deposited before this Appellate Tribunal for maintaining the aforesaid appeal, but while deciding the said appeal vide order dated 23.01.2009, this Hon’ble Tribunal had ordered that “amount deposited by the appellants with the court along with interest be paid to the respondent-Bank immediately. The Bank is directed to adjust the same and return the residue amount within a month from the date of passing of this judgment and if st