1.       Heard learned counsel for both sides. Although notice has not been issued yet, Respondent Mr. Atul Kumar Verma appeared in person.  Challenge is to order dated 14.08.2024 read with order dated 07.03.2024 of the State Commission vide which State Commission has issued orders for staying the proceedings before the State Commission subject to the Appellant before the State Commission (Petitioner herein) depositing 50% of the entire decretal amount within 30 days as per order dated 07.03.2024, and the period was further extended by another two weeks as per order dated 14.08.2024.

2.       RP has been filed with a delay of 114 days as per calculations made by the Registry and IA/14718/2024 has been filed for condonation of delay in which it is mentioned that although there is no delay if counted from the order dated 14.08.2024 but as an abundant caution this application has been filed counting the period from 07.03.2024 as both the orders dated 14.08.2024 and 07.03.2024 are under challenge, we accept the contentions of the Appellant with respect to delay and take up the case on merits. The orders dated 14.08.2024 and 07.03.2024 of the State Commission are reproduced below:

“Dated: 14 Aug 2024

ORDER

M/s Jaypee Infratech Ltd. Vs. Atul Kumar Verma & Ors. In the present appeal, the following interim order was passed by this Court on 07.03.2024:-

"07-03-2024

Sri Sarvesh Kumar Tiwari, learned Counsel for the appellant appeared.

Heard learned Counsel for the appellant.

Having heard the learned Counsel for the appellant and after perusal of the impugned order, I find that the matter requires consideration.

Issue notice to the respondents. Steps within a week. Office will send the notice through registered post within two weeks.

The respondents are directed to file their reply within six weeks thereafter.

List this appeal as fresh on 15-07-2024.

Till the next date of listing operation of the impugned order dated 21-02-2023 passed by the District Consumer Commission, Gautam Buddh Nagar in Complaint Case No. 182/2018 shall remain stayed provided that the appellant will deposit the 50% amount of the entire decretal amount with the District Consumer Commission, Gautam Buddh Nagar within 30 days from today. Any amount deposited by the appellant will be adjusted from the amount to be deposited.

On deposit of said amount, the said amount shall be kept in F.D.R. of a Nationalized Bank and shall not be released to the respondent till further order."

It is regrettable that compliance of the above order was not ensured by the appellant. The fact of non-compliance of the above order dated 18.07.2024 was also not brought to the notice of this Court by the counsel for the appellant, i.e., conciliation proceedings were conducted before this Court and a request was made to submit a reply affidavit to the reply affidavit submitted by the respondent within a period of just two weeks, which was accepted by this Court.

The respondent/complainant is presenting his side in this Court through video conferencing, when the fact was mentioned by them that till date the appellant has not ensured compliance of the interim order dated 07.03.2024 passed by this Court and this Court has not been informed, nor has an application for extension of time been submitted, then the counsel for the appellant, Shri Sarvesh Kumar Tiwari again prayed for grant of time to comply with the interim order.

The prayer of the counsel for the appellant is accepted with the condition that the appellant shall ensure 100% compliance of the interim order dated 07.03.2024 within a period of two weeks and the respondent/complainant shall also be given Rs.20,000/- (twenty thousand rupees) as damages, otherwise the implementation of the interim order and this order shall be considered stayed and the process as per law shall be ensured in compliance with the decision and order of the District Consumer Commission.

Respondent/complainant Shri Atul Kumar Verma informed the court that he would personally appear before the court and present his side.

Accordingly, the present appeal be put up on 03.10.2024 on for hearing in the first 20 cases.”

xxx

 “07-03-2024

Sri Sarvesh Kumar Tiwari, learned Counsel for the appellant appeared.

Heard learned Counsel for the appellant.

Having heard the learned Counsel for the appellant and after perusal of the impugned order, find that the matter requires consideration.

Issue notice to the respondents. Steps within a week. Office will send the notice through registered post in two weeks.

The Respondents are directed to file their reply within six weeks thereafter.

List this appeal as fresh on 15-07-2024.

Till the next date of listing operation of the impugned order dated 21-02-2023 passed by the District Consumer Commission, Gautam Buddh Nagar in Complaint Case No. 182/2018 shall remain stayed provided that the appellant will deposit the 50% amount of the entire decretal amount with the District Consumer Commission, Gautam Buddh Nagar within 30 days from today. Any amount deposited by the Appellant will be adjusted from the amount to be deposited.

On deposit of said amount, the said amount shall be kept in F.D.R. of a Nationalized Bank and shall not be released to the respondent till further order.”

3.       After careful consideration of the orders of the State Commission cited above and hearing both sides, we are of the considered view that State Commission is well within its power to insist on deposit of 50% of the entire decretal amount as a condition precedent to stay of the order challenged before them in the appeal. Hence there is no illegality or material irregularity in the orders dated 07.03.2024 and 14.08.2024 of the State Commission. Accordingly, both these orders are upheld and RP/2616/2024 is dismissed.