Case is called out.  None is present on behalf of the applicant.

We have perused the record.

This miscellaneous application has been filed by the applicant for releasing the amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only), which was deposited by the applicant towards mandatory deposit while filing First Appeal No. 52 of 2012; Maruti Suzuki India Ltd. Vs. Sh. Ravinder Singh and another.

The perusal of record shows that against the judgment and order dated 09.09.2011 and 14.09.2011 passed by the learned District Commission, Haridwar, two appeals were filed before the Hon’ble Commission.  The applicant had filed the above-mentioned First Appeal No. 52 of 2012; Maruti Suzuki India Ltd. Vs. Sh. Ravinder Singh and another, whereas the opposite party No. 2 – Shakumbari Automobiles Pvt. Ltd. had filed First Appeal No. 208 of 2011; Sh. Pankaj Mittal, Shakumbari Automobiles Pvt. Ltd. Vs. Sh. Ravinder Singh, wherein compromise was arrived and a joint application was moved by the appellant to the said appeal and Sh. Ravinder Singh (original complainant) and by way of the application, Sh. Ravinder Singh had intended to unconditionally withdraw the consumer complaint filed by him before the learned District Commission and has requested that since he is now satisfied with the vehicle in question, hence his consumer complaint be dismissed.

Accordingly, the said appeal was allowed vide order dated 24.07.2013 and the consumer complaint filed by Sh. Ravinder Singh before the learned District Commission was dismissed, as he had withdrawn the same by way of compromise.  Judgment and order passed by the learned District Commission was set aside.

In view of the said compromise, the applicant herein, who was appellant in First Appeal No. 52 of 2012; Maruti Suzuki India Ltd. Vs. Sh. Ravinder Singh and another, has intended not to continue the said appeal.  Consequently, the appeal was dismissed, as not pressed vide order dated 24.07.2013.

In view of the fact that the compromise was arrived at between the complainant and appellant of First Appeal  No. 208 of 2011; Sh. Pankaj Mittal, Shakumbari Automobiles Pvt. Ltd. Vs. Sh. Ravinder Singh, which appeal had also arisen from the same judgment and order, against which the applicant had preferred First Appeal  No. 52 of 2012; Maruti Suzuki India Ltd. Vs. Sh. Ravinder Singh and another and since the complainant had withdrawn his consumer complaint and the judgment and order passed by the learned District Commission was set aside and the consumer complaint was dismissed, as withdrawn vide order dated 24.07.2013, there appears sufficient ground for allowing this miscellaneous application. 

Accordingly, the miscellaneous application is allowed and the aforesaid amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) deposited by the applicant at the time of filing the appeal, be released in favour of the applicant.

Let the record be consigned.