RFA No. 347 of 2007. 19.6.2009 Present:- Mr. Sandeep Sharma, Assistant Solicitor General of India for the appellant. Mr. P.C.Sharma, counsel for respondent No.1. Mr. A.K.Bansal, Addl. A.G. with Mr. R.P.Singh, Asstt.A.G. for respondents No.2 & 3. On 28.3.2008 this Court had allowed CMP(M) No.666/2006 for condonation of delay subject to the appellant paying Rs.2000/- as costs which was to be paid within a period of six weeks from 28.3.2008. It was made clear that in case the cost was not deposited, the application shall be deemed to have been dismissed with all necessary consequences. The learned counsel for the appellant has submitted that CMP No.798/2008 was allowed by this Court on 14.10.2008 and the appellant was permitted to deposit bank draft No.490312 dated 3.6.2008 amounting to Rs.1,28,538/-. The learned counsel for the appellant has submitted that the amount of Rs.1,28,538/- includes the cost of Rs.2000/- ordered on 28.3.2008. CMP No.798/2008 was filed on 7.6.2008 much after the expiry of time granted for depositing costs on 28.3.2008. It has not been stated in CMP No.798/2008 that amount of Rs.1, 28,538/- is inclusive of costs ordered on 28.3.2008, nor there is prayer for extension of time for depositing costs ordered on 28.3.2008. The order dated 28.3.2008 was pre-emptary and clear that in case the cost was not deposited within a period of six weeks w.e.f. 28.3.2008, the application for condonation of delay in filing the appeal shall be deemed to have been dismissed. The appellant did not deposit the cost as ordered on 28.3.2008. In view of the order dated 28.3.2008, the application for condonation of delay in filing the appeal stands dismissed for non- compliance of the order dated 28.3.2008. Therefore, the matter does not survive and the same is disposed of. June 19, 2009 (Kuldip Singh), (GR) Judge.