Punjab

Jalandhar

EA/106/2015

Beetax industries - Complainant(s)

Versus

United India Insurance - Opp.Party(s)

05 Apr 2016

ORDER

District Consumer Disputes Redressal Forum
Ladowali Road, District Administrative Complex,
2nd Floor, Room No - 217
JALANDHAR
(PUNJAB)
 
Execution Application No. EA/106/2015
In
Complaint Case No. CC/225/2010
 
1. Beetax industries
Beetax industries,Basti sheikhan
...........Appellant(s)
Versus
1. United India Insurance
United India Insurance,Gt road
...........Respondent(s)
 
BEFORE: 
  Bhupinder Singh PRESIDENT
  Jyotsna Thatai MEMBER
  Parminder Sharma MEMBER
 
For the Appellant:
Sh. Gurinder Singh, Partner of Beetax Industries/DH Firm
 
For the Respondent:
Sh.R.S.Arora, Advocate Counsel for the JD
 
ORDER

The Opposite party/respondent filed application dated 4.4.2016 vide which they deposited a Cheque for Rs.8,39,832/- for payment to the DH. However, the JD has requested this Forum to release this amount to the Complainant/DH on furnishing surety or bank guarantee as the JD has filed revision petition before Hon'ble National Commission. The JD could not produce any stay order from the Hon'ble National Commission. Whereas this Forum has already decided the complaint case in favour of the complainant and Hon'ble State Commission has also up-held the order of this Forum. There is no provision to direct the complainant/DH to furnish any surety or bank guarantee. Statement of Sh.Gurinder Singh, Partner of the complainant /DH firm has been recorded that the DH Firm shall be bound by the order of Hon'ble National Commission and in case, the case is decided against the complainant firm, they shall refund this amount. In case, any claim become due against the opposite party/JD shall be at liberty to file fresh one. As such, the complainant/DH Firm withdraw the present execution application.

In view of this, statement of Sh.Gurinder Singh, Partner of the complainant firm, a Cheque for Rs.8,39,832/- is handed over to the complainant firm with the condition that in case, the case is decided against them by Hon'ble National Commission, they shall refund this amount and the present execution application is dismissed as withdrawn. However, the complainant firm shall be at liberty to file fresh execution application, in case any more award is granted in favour of the

complainant firm by the Hon'ble National Commission. File be consigned to the record room.

 

 

 
 
[ Bhupinder Singh]
PRESIDENT
 
[ Jyotsna Thatai]
MEMBER
 
[ Parminder Sharma]
MEMBER

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