ORDER NO. 5 DT. 07.06.2011

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellants are present through Ms. Mousumi Chakraborty, Ld. Advocate, who files BNA.  OP is absent on calls.  Heard the Ld. Advocate for the Appellants ex parte.  Judgement is delivered as under :-

This Appeal has been directed against the order dt. 28.7.10 passed by the executing court thereby dropping the executing case upon compliance of the award as made by the Forum below.  The complaint case was disposed of on contest with the following directions :-

"Complainants are entitled to get refund of the principal amount of Rs. 52,000/- plus Rs. 25,000/- from the OP/Company which will pay this amount by three equal instalments @ Rs. 25,000/- (at the rate of Rupees twenty five thousand) out of which last instalment will be of Rs. 27,000/- (Rupees twenty seven thousand) by the OP/Company failing which the complainant will be at liberty to get the maturity interest as well as post-maturity interest from the OP/Company.  In that case post maturity interest will be calculated @5% p.a. (at the rate of five per cent per annum) against the principal amount only.  OP/company be directed to comply with this order by starting instalment payment within a period of one month herefrom, failing which the complainant will be at liberty to put the decree into execution through this District Forum."

Upon careful reading of the said directions it appears that no time-limit had been prescribed for payment of the aforesaid last two instalments after payment of first instalment within a period of one month.  It has also not stipulated the rate of interest that would be payable if the first instalment is not paid within a period of one month from the date of passing of the award.  In these circumstances, it also appears from the records of the execution case that the JDrs have paid a total sum of Rs. 1,01,764/- against the direction for payment of Rs. 77,000/- in total by way of three equal instalments but without prescribing any particular time limit for payment of this amount.  Accordingly we do not find any infirmity in the impugned order directing dropping of the execution case upon compliance of the award as passed in the complaint case.  The Appeal is accordingly dismissed.