E.A. No.80 of 2023 in                                                                 

C.C. No. 395 of 2017

Present:-    Mr. Mukund Gupta, counsel for Decree Holder-complainant.

                   Mr. Sikander Bakshi, cousnel for Judgment debtors-opposite parties.

                   Consumer Complaint No.395 of 2017 was allowed by this Commission vide order dated 31.01.2019. This order dated 31.01.2019 has been challenged by Haryana State Agricultural Marketing Board and another by filing First Appeal No.1109 of 2019 before Hon’ble National Consumer Disputes Redressal Commission, New Delhi and said appeal has been disposed off on 05.12.2023.  During pendency of this appeal, vide order dated 18.07.2019; Hon’ble National Consumer Commission has granted stay to appellants, subject to appellants depositing entire decretal amount along with interest, if any, with the State Commission within six weeks. 

2.                As per office report Rs.31,34,474/- has been deposited vide receipt No.4102/82 dated 26.08.2019 and it is lying in shape of FDR.   Execution application No.80 of 2023 is pending.  Learned counsel for Decree Holder-complainant has contended that since First Appeal No.1109 of 2019 filed by Judgment Debtors has now been disposed off vide order dated 05.12.2023, therefore, the amount of Rs.31,34,474/- be now released to Decree Holder-complainant.  Learned counsel for JDs- Haryana State Agricultural Marketing Board, could not put forward any justifiable objection, to above contention of learned counsel for Decreee Holder-complainant.

3.                This being so, this Commission is of opinion that contention of learned counsel for Decree Holder-complainant carries credence. Accordingly, office is directed to release the amount of Rs.31,34,474/- with up-date interest, in favour of Decree Holder-complainant through its attorney, after due identification and verification as per rule, by liquidating the FDR.  In view of above, learned counsel for Decree Holder-complainant has suffered statement that: he be permitted to withdraw the execution with liberty to file afresh before this Commission on same cause of action, if situation arises.  In light of this quality statement, this execution is dismissed as withdrawn. If Decree holder-complainant has any subsisting claim, then liberty is also hereby granted to it, to file fresh execution.  This execution file be consigned.