Order no. 5

Ld. Advocate for the decree holders/petitioners is present.

The Misc. Application dated 12.06.2024 is taken up for consideration.

Heard the Ld. Advocate for the decree holders/petitioners.

It appears from the material on record that the opposite party/judgment debtor preferred RP no.2719 of 2018 before the Hon’ble NCDRC, New Delhi wherein Hon’ble NCDRC vide its order dated 27.09.2018 observed ‘Operation of the impugned Order is stayed, subject to deposit  of 50% of the decretal amount (with clear and cogent calculation sheet)’ before the concerned District Forum within a period of six weeks, which shall be kept in the shape of an FDR initially for a period of one year to be renewed regularly.

It is made clear that the stay on the operation of the impugned Order shall automatically stand vacated if both conditions, the condition attached with issuance of notice i.e. payment of Rs.10,000/- to the respondent no.1 within four weeks and the condition attached with the grant of stay i.e. deposit of 50% of the decretal amount with the concerned District Forum within six weeks, are not complied with within the respective stipulated time. In such contingency the District Forum shall proceed for execution as per the law.’

It has been stated by the decree holders/petitioners that in compliance with the order dated 27.09.2018 passed by the Hon’ble NCDRC, the opposite party/judgment debtor deposited 50% of the decretal amount with the District Commission. Due to inadvertence the execution case no.EA/71/2017 was dismissed on 21.10.2022 which is required to be restored.  Ld. Advocate for the decree holders/petitioners further prays for an order in favour of the decree holders to withdraw the deposited amount of Rs.2,85,610/- (Rupees two lakh eighty five thousand six hundred and ten) only as deposited by the judgment debtor in EA/71/2017 in compliance with order dated 27.09.2018 passed by the Hon’ble NCDRC, New Delhi in RP/2719/2018.

It apparent on the face of the record that there was an order of stay subject to deposit of 50% of the decretal amount.

So, for proper adjudication, the execution case is liable to be restored to its original file and number.

Therefore, order no.5 dated 21.10.2022 passed in EA/71/2017 is here by set aside.

The execution case being EA/71/2017 is here by restored to its original file and number.

Registrar is to submit a detail report in the execution case with regard to deposit of 50% of the decretal amount by the judgment debtor in compliance with order dated 27.09.2018 passed by the Hon’ble NCDRC in RP/2719/2018.

Thus the Misc. case stands disposed of.