Wilful non-compliance with rent and GST deposit directions under Order XV-A CPC can justify striking off a tenant's defence.

Failure to comply with an order requiring deposit of arrears of rent and GST under Order XV-A CPC attracted the statutory consequence of striking off the tenants' defence. The court noted that the modified deposit directions had not been duly followed, as only belated and partial payments were made, no GST was remitted for the relevant period, and substantial arrears remained unpaid. On that factual basis, the respondents' non-compliance was treated as wilful and the defence was held liable to be struck off.

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Issues: Whether the tenants' defence was liable to be struck off for failure to comply with the order directing deposit of arrears of rent and GST under Order XV-A CPC.

Analysis: The Court found that the earlier direction to deposit arrears of rent and to continue monthly payments, as modified in revision, had not been duly complied with. It noted that the respondents had made only belated and partial deposits, that no GST had been remitted to the competent authority for the relevant period, and that the lower court itself had recorded that substantial arrears of rent together with GST remained unpaid. In these circumstances, the Court held that the statutory consequence contemplated by Order XV-A was attracted.

Conclusion: The defence of the respondents was liable to be struck off for wilful non-compliance with the deposit directions.

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