M/s Neel Kanth Plywood vs. New India Assurance Co.

Ex. No. 44 of 2014.

Present: Sh. Atul Jaiswal, Advocate, counsel for DH.

                Sh. Rajiv Gupta, Advocate, counsel for JDs.

                        Today the present execution was fixed for consideration on the objections filed by the JDs/OPs.

                     Arguments heard. From the perusal of report of Accountant dated 20.08.2014, it is clearly evident that the JDs/OPs Insurance Company had already deposited an amount of Rs. 2,48,820/- on dated 29.11.2012 and this entire amount had already been released to the DH/complainant on 06.12.2012 vide cheque No. 040158 dated 06.12.2012. Even from the perusal of photo copy of certified copies of order dated 03.12.2012 and statement of Sh. Atul Jaiswal, Advocate, recorded separately on 03.12.2012 it is duly evident that previous execution No. 297 dated 03.08.2012 filed by the DH/complainant has been dismissed being fully satisfied. so, we are of the considered view that the DH/complainant has filed this execution without disclosing any facts in respect of the previous execution petition due to reason best known to them. However, as the DH/complainant had already received the payment claimed in this execution from the JDs and his previous execution had already been dismissed being fully satisfied on 03.12.2012, hence, we are of the considered view that the present execution petition is liable to be dismissed. Accordingly, the same is hereby dismissed with cost of Rs. 5000/-(five thousand) which shall be deposited in the Consumer Legal Aid. File be consigned to the record room after due compliance.

Announced: 20.09.2016.

                                            (S.C.SHARMA)                          ( ASHOK KUMAR GARG )

                                             MEMBDER                                 PRESIDENT