All Seasons Letting Limited & Anor v Rohit Pandya & Anor

All Seasons Letting Limited & Anor v Rohit Pandya & Anor

The application was validly made when the application notice was received by the court with a fee, even if it was the wrong fee. The Unless Order was complied with, and the appeal fails.

Parties
Appellant/defendant: All Seasons Lettings Limited; Appellant/defendant: NTM Limited; Respondent/claimant: Rohit Pandya; Respondent/claimant: Tarlaben Pandya
Jurisdiction
England and Wales
Judgment Date
23 April 2026
Procedural Posture
Civil Appeal / Judgment on Appeal Against Orders Restoring Claim After Unless Order
Outcome
Appeal dismissed
Legal Topics
Court Fees, Applications Under CPR Part 23, Unless Orders, Relief From Sanctions

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Parties

All Seasons Lettings Limited

Appellant/defendant

NTM Limited

Appellant/defendant

Rohit Pandya

Respondent/claimant

Tarlaben Pandya

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Orders Restoring Claim After Unless Order

  1. 1 Whether an application is 'made' for the purposes of an unless order if the wrong fee is tendered
  2. 2 Whether payment of the correct fee is a condition precedent to making an application under CPR Part 23.5

Ratio Decidendi

The application was validly made when the application notice was received by the court with a fee, even if it was the wrong fee. The Unless Order was complied with, and the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • Appeal against both orders refused