Assam

StateCommission

MA/39/2019

Cholamandalam Investments and Finance Co. Ltd. - Complainant(s)

Versus

Md Saiful Islam - Opp.Party(s)

Mr. P. Neog

16 Aug 2019

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Miscellaneous Application No. MA/39/2019
( Date of Filing : 30 May 2019 )
In
First Appeal No. A/16/2019
 
1. Cholamandalam Investments and Finance Co. Ltd.
Registered office at Dare House, 1st Floor, No. 2, N.S.C. Bose Road, Chennai-600001 and one of its office inter alia at Arco Arcade, 2nd Floor, B. Baruah Road, Opposite Kanaklata Indoor Stadium, Beside Railway Flyover, Ulubari, Guwahati-781007, Assam
...........Appellant(s)
Versus
1. Md Saiful Islam
Son of Abdul Jabber Resident of Vill- NO. 1 Khulabhuya, P.O. Kuranibori, P.S. Mayong, Dist- Morigaon, Assam, pincode-782411
2. Cholamandalam MS Gen Insurance Co. Ltd.
Represented by its Manager, having one of its offices at Astha Plaza, G.S. Road, Ulubari, Bora Service, Opp. S.B. Deurah College, Guwahati-781005
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kr. Mahanta PRESIDING MEMBER
 HON'BLE MS. Renu Prava Mahanta MEMBER
 
For the Appellant:
For the Respondent:
Dated : 16 Aug 2019
Final Order / Judgement

           Heard the learned counsel appearing for the applicant.

           Await service upon the respondent.

           This is an application praying for stay of the impugned order dated 20-2-2019 passed by the learned District Forum, Morigaon, in C.P. Case No. 4/2018.

           Learned counsel appearing for the applicant has submitted that the complainant has already filed an Execution Case before the District Forum in which the insurance company has deposited the compromised settlement amount. Hence, he has submitted that if the Execution case is not stayed and if the deposited amount is released in favour of the complainant by the District Forum, they will face hardship. He has further submitted that in respect of the said situation, they have filed a Misc Case being No. 1/2019 before the District Forum, Morigaon, and the same is still pending.

           In view of the above position, it is directed that the District Forum, Morigaon will not release the amount deposited by the insurance company in favour of the complainant till further order.

 

 
 
[HON'BLE MR. Dilip Kr. Mahanta]
PRESIDING MEMBER
 
 
[HON'BLE MS. Renu Prava Mahanta]
MEMBER
 

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