M/S PROFAGILITIES SERVICES PVT. LIMITED v. CENTRAL BOARD OF TRUSTEES (CBT) AND ANR

2. Vide order dated 19^^ September, 2016, the learned Central Government Industrial Tribunal direGted:pr,e-de|)osit, by the petitioner, of 60% of the amount as confirmed by therespondent. Thesaidorder was assailed, by the petitioner, before this court by way of WP(C) 10050/2017. Vide order dated 14"^ November, 2017, this court reduced the amount of pre-deposit, to be paid, from 60% to 50%, out of which 25% was to be deposited by in cash and the remaining 25% through bankguarantee, with the Industrial Tribunal, within six weeks. W.P.(C) 9314/2018 Page 1of[3] 2018:DHC:9251

3. Instead of complying with the order of this court, the petitioner moved the Tribunal, as late as February, 2018, with an application, seeking extension oftimeto makethe deposit as directed by this court.

4. The learned Tribunal dismissed the said application vide the impugned order dated 1®' February, 2018 opining, that, as the time for making pre-deposit had been fixed by this court, it could not be extended by the learned Tribunal. Needless to say, this view is ^ unexceptionable.

5. The present writ petition prays.that the impugned order of the Tribunal dated 1^^ February, 2018 be\ quashed and set aside, and the Tribunal be directed to hear the matter by "accepting the amount I recovered/deposited as pre-deposit towards maintainability of the appeal". ^

6. In view of the fact that the petitiorier^s prayer for interference with the order of pre-deposit already stands adjudicated by this court by way of its judgment dated 14^ November, 2017 (supra) in WP(C) 10050/2017, there is no question of my Ire^Qpening the said issue and interfering with the order of pre-deposit.

7. Neither is any case made out, to interfere with the impugned order dated 1®^ February, 2018, which observes, correctly, thatthetime given by this court, to make pre-deposit, could not have been modified or altered by the learned Tribunal. W.P.(C) 9314/2018 Page 2 of[3]

8. Nevertheless, in the interests of justice, and at the request of learned counsel for the petitioner, the time for compliance with the order dated 14^*^ November, 2017 (supra), passed by this court in WP(C) 10050/2017 is extended by a period of one week from today, and no more.

9. It is made clear that if compliance, as directed, is not effected within one week, the appeal filed by the petitioner before the Tribunal shall stand dismissed for failure to comply with the requirement of pre-deposit. 10., List before the Tribunal to report. compliance of the order passed today on 27"^ September, 2018.

11. The writ petition is disposed of^ in the above terms, no order as to costs. g;hari SEPTEMBER 05, 2018 W.P.(C) 9314/2018 Page 3 of[3] $-77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9314/2018 M/S PROFAGILITIES SERVICES PVT. LIMITED.... Petitioner Through: Mr. B.K. Pandey, Advocate

VERSUS

CENTRAL BOARD OF TRUSTEES (CBT) AND ANR. Respondents Through: Mr. Keshav Mohan & Mr. Rishikesh Awasthi, Advocates CORAM: HON'BLE MR.

JUSTICE SUNIL GAUR ORDER % 14.12.2018 C.M. 52569/2018 There is delay of 48 days in filing the accompanying application C.M. 52568/2018. Upon hearing, I find that averments made in this application provide sufficient cause to condone the delay occasioned. Application is allowed and delay is condoned. The application is disposed of C.M. 52568/2018 By way ofthis application, modification oforder of5^*^ September, 2018 is sought by petitioner. While disposing of this writ petition, vide aforesaid order of 5^'' September, 2018, time for making the deposit in terms of order of 14"^ November, 2017 was enlarged by a week. Page I 1 Petitioner-applicant vide order of 14^^ November, 2017 was directed to make the pre-deposit of 25% in cash and the remaining pre-deposit of 25% in the form of bank guarantee. Upon hearing, the application is allowed and time for making the pre-deposit of 25% in the form of bank guarantee is enlarged by two weeks. Let the bank guarantee be furnished to the concerned Tribunal in terms of this order. With aforesaid directions, this application is disposed of. Dasti.

SUNIL GAUR, J DECEMBER 14, 2018 r Page 12