For the Appellant (s) : Mr. Shaurya Rohit, Advocate proxy for Mr. Vaibhav Agnihotri, Advocate For the Respondent(s) : Mr. Sachin Jain, Advocate ORDER 1. Heard both the parties. 2. First Appeal No.1150 of 2016 had been dismissed on the ground of limitation vide order dated 14.03.2019 since the reasons advanced for condonation of the self-admitted delay of 190 days (219 days as per office report) in filing of the Appeal were unconvincing and devoid of merit. 3. In MA No.169 of 2019 the Respondent/Complainant had sought release of ₹21,03,750/- deposited by the Appellant with the Registry of this Commission which was allowed vide order date 21.05.2019. Thereafter, order dated 21.05.2019 had been stayed by the Hon’ble High Court of Delhi vide order dated 24.05.2019 in CM(M) 841/2019 CM APPL. NO.25482/2019 with the following directions: “In the circumstances issue notice to the respondent through all modes returnable on 11.09.2019 and in the meanwhile the impugned order so far as it relates to the release of amount so deposited with the NCDRC shall be kept in abeyance.” In view of this order, the amount was not released to the Respondent/Complainant. 4. The Hon’ble High Court of Delhi, while setting aside the order dated 14.03.2019 of this Commission, had condoned the delay in filing of the First Appeal No.1150 of 2016 subject to the condition that: - The Appellant was required to pay ₹1 Lakh to the Respondent (which amount was paid before the Hon’ble High Court as recorded in the order itself)
- The Appellant was directed to deposit the decretal amount with NCDRC in six weeks from the date of the order.
5. The period of six weeks expired on 29.01.2024. 6. Today, proxy Counsel appearing on behalf of the Appellant submits that the Appellant is willing to refund the amount along with interest @ 9% p.a. from the date of deposits, in six installments directly to the Respondent/Complainant and that they have filed IA 6158 of 2024 in this regard. 7. Learned Counsel for the Respondent submits that the same is not acceptable to him and that he has filed MA 185 of 2024 seeking release of the amount already deposited with this Commission. 8. Since the Appellant has not deposited the requisite amount in terms of the order of the Hon’ble High Court dated 18.12.2023 with this Commission within a period of six weeks, the conditions imposed by the Hon’ble High Court for condoning of delay in filing of the First Appeal cannot be considered to have been complied with. 9. In view of the foregoing, First Appeal No.1150 of 2016 stands dismissed for non-compliance of direction regarding deposit of decretal amount with this Commission, as per order of Hon’ble High Court dated 18.12.2023. 10. IA 6158 of 2024 filed by the Appellant is dismissed. 11. MA 185 of 2024 seeking release of the amount of ₹21,03,750/- deposited with this Commission on 17.03.2018 is allowed. The amount deposited with this Commission is directed to be released to the Appellant along with accrued interest thereon. | 
