Uttarakhand

StateCommission

MA/1/2024

BANK OF BARODA - Complainant(s)

Versus

ASHOKA INDUSTRIES - Opp.Party(s)

M JAN NISAR AKHTAR

07 Feb 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
23/16, Circular Road, Dalanwala, Dehradun, Uttarakhand 248001
Dehradun-248001
Final Order
 
Miscellaneous Application No. MA/1/2024
( Date of Filing : 02 Feb 2024 )
In
First Appeal No. A/32/2023
 
1. BANK OF BARODA
RAMNAGAR ROORKEE BRANCH
DEHRADUN
UTTARAKHAND
...........Appellant(s)
Versus
1. ASHOKA INDUSTRIES
B-3 INDUSTRIAL ESTATE, ROORKEE
DEHRADUN
UTTARAKHAND
...........Respondent(s)
 
BEFORE: 
 HON'BLE MS. Kumkum Rani PRESIDING MEMBER
 HON'BLE MR. B. S. Manral MEMBER
 
PRESENT:
 
Dated : 07 Feb 2024
Final Order / Judgement

Heard Sh. M. Jan Nisar Akhtar, learned counsel for the applicant.

This miscellaneous application has been filed by the applicant for releasing the amount of Rs. 3,06,473/-, which was deposited by the applicant towards mandatory deposit while filing First Appeal No. 32 of 2023; Bank of Baroda Vs. M/s Ashoka Industries.

The aforesaid appeal was filed by the applicant before this Commission against the judgment and order dated 19.09.2022 passed by the District Commission, Haridwar in consumer complaint No. 214 of 2021; M/s Ashoka Industries Vs. Bank of Baroda.  The aforesaid appeal was preferred after a delay of 98 days’.

This Commission vide order dated 15.02.2023 dismissed the application for condonation of delay in filing the appeal and as a consequence thereof, the appeal was also dismissed as not maintainable, being barred by limitation.

According to office report dated 02.02.2024 / 06.02.2024, in compliance of judgment and order dated 19.09.2022 passed by the District Commission, which has been confirmed by this Commission, the applicant has deposited the entire decretal amount of Rs. 35,000/- before the District Commission and has also released the amount in favour of the opposite party, as directed by the District Commission.   

In view of above, the miscellaneous application is allowed.  The aforesaid amount of Rs. 3,06,473/- (Rupees Three Lacs Six Thousand Four Hundred Seventy Three Only) deposited by the applicant with this Commission, be released in favour of the applicant.

File be consigned to the record room along with copy of this order.

 
 
[HON'BLE MS. Kumkum Rani]
PRESIDING MEMBER
 
 
[HON'BLE MR. B. S. Manral]
MEMBER
 

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