Today is fixed for further order.

Dhr. is present by filing his hazira.

Ld. Advocate for the Dhr. is also present.

On the other hand Ld. Advocate for the Jdr. is also present.

Dhr. files a petition stating interalia that as per order of the Hon’ble State Commission Rs.21831.25 along with interest is still due but said entire decreetal amount as per direction of the Hon’ble State Commission has not been deposited by Jdr.  So, this Dhr. has made prayer to direct this Jdr. to deposit entire amount including interest to the tune of Rs. 21831.25 as per order of Hon’ble State Commission.

On the other hand Ld. Advocate for the Jdr. submitted before us interlia that as per order of the Hon’ble State Commission this Jdr. has deposited Rs.17,500/-  as principal amount and Rs.525/-  as interest for 4 (four) months.  So, the full amount of Rs.18025/-  including interest has been deposited by Jdr. vide  A/c Payee Cheque in this Forum on 05-04-2016.  So, no decreetal amount is due to this Jdr. and Jdr. has satisfied the full decreetal​ amount along interest by making deposit of A/c Payee cheque as per direction of the Hon’ble State Commission.  So, this Execution Case will be disposed of with full satisfaction.

Heard the both sides.  Perused the petition filed by Dhr. and the materials on record it appears from copy of order dated 23-11-2015 passed by the Hon’ble State Commission in F.A. No.425 of 2014 that Hon’ble State Commission has been pleased to pass the following order that “We modify the impugned Judgement and order to the extent of refund of Rs.17,500/- to the Appellant  / Complainant within 45-days from the date of this Order failing which simple interest @ 9 % p.a. shall be  payable by the respondent / O.P. during the entire period of default.”

According to Ld. Advocate for the Jdr. that the order was passed by the Hon’ble State Commission on 23-11-2015 and there was delay for 4-months in depositing the A/c Payee cheque in this Forum as such interest from the date of order i.e. 23-11-2015 and till date of payment i.e. deposit of cheque along with decreetal amount Rs. 17,500/- has been deposited by A/c Payee cheque by Jdr. in this Forum on 21-03-2016.

On the other hand Ld. Advocate for Dhr. submits that interest from August – 2013 to April – 2016 along with decreetal amount to the tune of Rs.21,831/- is still due.

On perusal of the order of the Hon’ble State Commission we are of the opinion that Hon’ble State Commission modify the Judgement and order of this Forum and direction was made to refund Rs.17,500/- to the Complainant within 45-days from the date of this order i.e. 23-11-2015 passed by Hon’ble State Commission.  Deposit of  A/c Payee cheque was made on 21-03-2016 as it reveals from order no.2 dated 21-03-2016.  So, it is clear to us that there was around four (4) months delay in making payment of decreetal amount of Rs.17,500/- as per direction of the Hon’ble State Commission and Rs.17,500/- has been deposited along with interest for around four months @ 9% p.a. i.e. of Rs.525/- in total Rs.18025/- on 21-03-2016 in this Forum by A/c Payee cheque by Jdr.

So, we hold that this Jdr. has made deposit of the entire decreetal amount including interest to the tune of R.18025/- in total as per direction of the State Commission in this Forum vide Order no.2 dated 21-03-2016.

We also hold that as per direction of Hon’ble State Commission interest will be calculated from date of order dated 23-11-2015 of Hon’ble State Commission till date of payment i.e. deposit of cheque.

We do not agree with the view of the Ld. Advocate for the Dhr. who claims interest @ 9 % p.a. from August-2013 to April-2016 along with decreetal amount. 

In view of the circumstances we are satisfied with this Jdr. has made deposit entire decreetal amount along with interest as per direction of the Hon’ble State Commission passed in connection with F.A. No.425 / 2014 in this Forum on 05-04-2016.  So, we hold that this Jdr. has made deposit of the entire amount along with interest as per direction of the Hon’ble State Commission.

In view of above facts & circumstances petition filed by Dhr. this day has got not merits and is liable to be rejected.

As such, this Execution Case will be disposed of with full satisfaction.

Hence, it is

                                                                          Ordered

That the Execution Case be and same is hereby disposed of with full satisfaction but without cost.

Dhr. is at liberty to receive the cheque deposited by Jdr. in this Forum vide Order no.02 dated 21-03-2016 on proper identification and receipt at once.

Petition filed by Dhr. this day stands REJECTED.

Thus the Execution Case is hereby disposed of with full satisfaction.