Uttarakhand

StateCommission

A/14/263

M/s Hindrays - Complainant(s)

Versus

Dr. Mahendra Vaish - Opp.Party(s)

Mr. Rajeev Kakkar

12 Mar 2022

ORDER

(National Lok Adalat)

 

Today Sh. R.P. Gaur –appellant in person alongwith learned counsel Sh. Rajeev Kakkar has appeared.

On 28.02.2022, a compromise bearing paper No. 91 has been filed, wherein it is agreed between the parties that the appellant shall pay a sum of Rs. 50,000/- (Rupees Fifty Thousand only) towards full and final satisfaction of the claim.  Respondent shall return the old part / tube head to the appellant.

The above said compromise has been accepted by both the parties as well as by the appellant on dated 28.02.2022.

Accordingly, the appeal is hereby decided in terms of the compromise.  No order as to costs.

Compromise shall form part of the order.

Record of the District Commission be returned to the concerned District Commission.

Later on, an application (paper No. 92) has been filed on behalf of the appellant alongwith cheque No. 001053 dated 12.03.2022 of ICICI Bank, Ballabhgarh, Faridabad Branch, Nirmal Deep Building, Huda Market, Sector-7, Ballabhgarh, for the sum of Rs. 50,000/- (Rupees Fifty Thousand only), which is kept on record.

In the above application (paper No. 92) the appellant has prayed that the statutory amount of Rs. 25,000/- deposited by the appellant before the Commission at the time of filing the appeal alongwith a sum of  Rs. 1,00,000/- (Rupees One Lakh only) deposited by the appellant in pursuance of the orders of State Commission, on dated 12.11.2014 vide demand draft   No. 527474 dated 05.12.2014 of Syndicate Bank be released in favour of the appellant, therefore, necessary orders be passed in the matter.

The above application is hereby allowed. The deposits be returned as per law to the appellant.

As per the terms and conditions of the compromise, the appellant has deposited the above cheque of Rs. 50,000/- (Rupees Fifty Thousand only), hence the appellant has  fully complied with the condition of the above compromise.

As per the terms of the compromise, the respondent has to return the old part/ tube head to the appellant, therefore, it is directed that the respondent shall be entitled to receive the above cheque No. 001053 dated 12.03.2022 of Rs. 50,000/- (Rupees Fifty Thousand) subject to the compliance of the terms & conditions of the compromise, i.e. after return of the old part / tube head to the appellant or his counsel. 

Let the record be consigned.