ORDER

(Passed on  07/03/2019)

PER SHRI.ATUL D.ALSI, PRESIDENT.

            The applicant/complainant has filed this execution application for the execution of judgment and order passed in CC No.143/2010 decided on 9/2/2011 directing the Opposite Party/accused to pay Insurance claim amount of Rs.5,00,000/- within 30 days from the receipt of certified copy of Judgment. The OP/accused was also directed to pay Rs.5000/- towards compensation and Rs.,2000 towards cost of litigation to the complainant. The complainant was also directed to return the salvage of the truck bearing No.MH 34-6212 to the OP/Insurance Company.

2.       The OP/accused preferred appeal bearing No.A/11/260 with an application for condonation of delay in preferring appeal. The OP/accused also deposited statutory amount of Rs.25,000/- before the Hon’ble State Commission, Circuit Bench, Nagpur at the time of preferring appeal and further deposited balance amount of Rs.4,82,000/- by cheque bearing No.000725 dated 7/10/2011 drawn on Bank of Baroda, Branch Dharampeth, Nagpur in compliance of order dated 28/9/2011 granting interim stay to the execution of order impugned in appeal bearing No.A/11/260.

3.          The Hon’ble State Commission, Nagpur Bench was pleased to reject the application for condonation of delay moved by the accused/OP and consequently, the appeal bearing No.A/11/260 came to be dismissed vide order dated 28/8/2012.

4.       The counsel for the Non applicant/accused filed pursis to the effect that the Non applicant/accused has no objection to applicant/complainant withdrawing the amount deposited by the accused/OP as per direction of the Hon’ble State Commission.  Therefore, the order has been complied by the OP/accused and there is no order of interest to be charged on the directed amount in CC No.143/2010.  In view of these facts, the execution proceeding bearing No.EA/11/24 is disposed of.  

           Parties to bear their own cost.

         Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President