RSA No. 1355 of 2009 Inder Kumar vs. DHBVNL and others Present: Ms.Geeta Singhwal, Advocate for the appellant. Mr.Sudhir Hooda, Advocate for the respondents. *** On 15.7.2009 the following order was passed:- “Counsel for the appellant gives up the challenge to the judgment of the Additional District Judge, Fatehabad, on merits but states that while reversing the trial court's judgment, the first appellate court ignored the appellant's prayer that the appellate authority should be directed to entertain his appeal after accepting deposit of 33% of Rs. 7,20,976/-, as provided by the relevant instructions. Notice of motion. On the asking of the court Mr. Sudhir Hooda, Advocate accepts notice on behalf of the respondents and prays for time to seek instructions. Adjourned for 29.07.2009.” Learned counsel for the respondents states that the respondents have no objection if the appeal of the appellant is heard by the Appellate Authority on deposit of 33% of the disputed amount. Consequently while dismissing the appeal it is clarified that in case the appellant deposits 33% of the amount in dispute within 30 days of the receipt of certified copy of this order, the Appellate Authority should proceed to decide his appeal on merits in view of the concession made by learned counsel for the respondents. (AJAY TEWARI) JUDGE April 05, 2010 sunita