If the Members of the Appellate Tribunal of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Appellate Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it.
Legal Commentary & Landmark Judgments: Section 123
Section 123 of the Act provides that the decision of the Appellate Tribunal shall be according to the opinion of the majority of Members, and in case of equality of votes, the matter shall be referred to the Chairperson for reference to another Member.
Where an APTEL two-member bench delivers a split verdict (e.g., Judicial Member allowing the appeal, Technical Member dismissing it), immediately file a praecipe before the Chairperson under Section 123 praying for expeditious reference to a third Member.