NCDRC

NCDRC

FA/383/1998

M/S. AMRITSAR TRANSPORT CO. LTD. - Complainant(s)

Versus

PIRAMAL HEALTH CARE LTD. - Opp.Party(s)

MR. S. CHABRA

21 Oct 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 383 OF 1998
 
(Against the Order dated null in Complaint No. of the State Commission Maharastra)
1. M/S. AMRITSAR TRANSPORT CO. LTD.
-
...........Appellant(s)
Versus 
1. PIRAMAL HEALTH CARE LTD.
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. VINAY KUMAR, PRESIDING MEMBER

For the Appellant :
Mr. K.K. Tyagi, Advocate
For the Respondent :NEMO

Dated : 21 Oct 2011
ORDER

Heard Mr. K.K. Tyagi, counsel for the appellant with reference to Miscellaneous Application No. 911/2011. This prayer is with reference to the order dated 14.09.2011 passed by this Commission. The prayer of the applicant is to modify the order and permit him to deposit 50% of the amount in cash / bank draft with the State Commission and to permit him to produce the bank guarantee for the remaining 50% amount in favour of the State Commission. This prayer of the appellant is to be viewed in the light of the following observations of this Commission in the order of 14.09.2011 :- uch time has elapsed after the impugned decision dated 6.10.98. We are informed that the appellant has not deposited any amount in pursuance of the impugned order of the State Commission. Considering the fact that the order to indemnify the complainants, is yet only on the paper and the grounds stated in the appeal pertained to lack of opportunity to the appellant, we deem it proper to partly allow the appeal on stringent terms. In the result, the appeal is partly allowed. The impugned order is set aside subject to the condition that the appellant will deposit the entire amount of compensation alongwith the interest @12% p.a. as well as the cost awarded by the State Commission within a period of 6 weeks before the State Commission and shall produce an authenticated receipt of such deposit in this Commission within the given period. If such deposit is made within the given period, the impugned order will be deemed as set aside and thereafter the appeal will be deemed to be restored to its original number. In that case the appellant will be allowed to file written statement and parties will adduce relevant evidence as may be deemed proper. In the above background, the prayer in miscellaneous application cannot be considered. Miscellaneous Application is, therefore, dismissed.

 
......................
VINAY KUMAR
PRESIDING MEMBER

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