NCDRC

NCDRC

MA/776/2024

M/S RENDER WORX THROUGH SACHIN GOTHWAL - Complainant(s)

Versus

AMBRISH TIWARI M/S BHAVYA CREATORS - Opp.Party(s)

SAMBHAV SHEKHAR

01 Nov 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 776 OF 2024
IN
RP/2344/2023
1. M/S RENDER WORX THROUGH SACHIN GOTHWAL
27A, UPPER ANAND PARVAT, KAROL BAGH,
NEW DELHI
DELHI
...........Appellants(s)
Versus 
1. AMBRISH TIWARI M/S BHAVYA CREATORS
6167-618, DEVIKA TOWER, 6 NEHRUN PLACE
SOUTH
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE AVM J. RAJENDRA, AVSM VSM (Retd.),MEMBER

FOR THE APPELLANT :
MS. ADARSH KUMAR PANDEY, ADVOCATE
FOR THE RESPONDENT :NEMO

Dated : 01 November 2024
ORDER

Heard learned counsel for the Petitioner/Applicant who sought recalling of the orders of this Commission dated 09.10.2023 and 12.06.2024. 

Essentially, the grievance of the Petitioner/Applicant is that the Applicant had not deposited 50% of the decretal amount with interest upto date before the learned District Forum, as directed vide order dated 09.10.2023 with respect to IA/12342/2023 seeking grant of stay of the order of the learned District Forum dated 08.02.2023, which was allowed.

Subsequently, the matter was heard on 04.12.2023, 04.03.2024 and 12.06.2024.  At no stage, the Petitioner/Applicant had made any request seeking extension of time for depositing 50% of the decretal amount, which was pre-condition for grant of stay. 

Pertinently, the Petitioner in person had also appeared on 04.03.2024 and 12.06.2024. 

On 12.06.2024, after hearing the parties, delay of 94 days in filing the Appeal before the learned State Commission was condoned, subject to payment of Rs.40,000/- to the Complainant and depositing Rs.5,000/- in the Legal Aid Account of the State Commission within a period of four weeks. Therefore, the matter already stands remitted to the learned State Commission and the grievance of the Petitioner/Applicant which pertains to delay in depositing of the decretal amount is to be considered by the State Commission, where the matter is subjudice.

There is no merit in the pleadings and submissions made by the Petitioner/Applicant and MA/776/2024 is, therefore, dismissed.  

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
...................................................................................
AVM J. RAJENDRA, AVSM VSM (Retd.)
MEMBER

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