Heard Sh. M. Jan Nisar Akhtar, learned counsel for the applicant.
This miscellaneous application has been filed by the applicant for releasing the amount of Rs. 3,06,473/-, which was deposited by the applicant towards mandatory deposit while filing First Appeal No. 32 of 2023; Bank of Baroda Vs. M/s Ashoka Industries.
The aforesaid appeal was filed by the applicant before this Commission against the judgment and order dated 19.09.2022 passed by the District Commission, Haridwar in consumer complaint No. 214 of 2021; M/s Ashoka Industries Vs. Bank of Baroda. The aforesaid appeal was preferred after a delay of 98 days’.
This Commission vide order dated 15.02.2023 dismissed the application for condonation of delay in filing the appeal and as a consequence thereof, the appeal was also dismissed as not maintainable, being barred by limitation.
According to office report dated 02.02.2024 / 06.02.2024, in compliance of judgment and order dated 19.09.2022 passed by the District Commission, which has been confirmed by this Commission, the applicant has deposited the entire decretal amount of Rs. 35,000/- before the District Commission and has also released the amount in favour of the opposite party, as directed by the District Commission.
In view of above, the miscellaneous application is allowed. The aforesaid amount of Rs. 3,06,473/- (Rupees Three Lacs Six Thousand Four Hundred Seventy Three Only) deposited by the applicant with this Commission, be released in favour of the applicant.
File be consigned to the record room along with copy of this order.