27.04.2023

                                    ORDER

The appellant preferred this appeal against order passed by the Bangalore Urban District Commission in Execution Application which issued NBW against JDR. 

2.         Advocate for appellant files a memo with receipt towards transfer of amount to the Decree Holder through RTGS/Cheque/DD.

3.         In the appeal memorandum the appellant has contended that this appellant/JDR is regular in paying decreetal amount to the respondent/DHR, but, due to inevitable circumstances and financial stringencies, appellant could not make payments to the decree holders.  NBW came to be passed against this appellant for payment of balance amount.  It is contended that the District Commission ought to give an opportunity to the appellant by extending time to make payment.  Hence, prays to recall the order of warrant issued against them.

            4.         However, on perusal of the appeal memo, we noticed that the District Commission issued NBW against the appellant/JDR for non-payment of decreetal amount inspite of giving sufficient opportunities.  We noticed that in similar matters this Commission directed this appellant to pay the decreetal / award amount in installment basis and report.  Hence, in the present case also, we direct this appellant to pay the balance amount to the respondent in the Execution Application before the District Commission itself.  Accordingly, appeal is dismissed.

                Sd/-                                                                Sd/-

         (Sunita .C. Bagewadi)                                        (Ravishankar)       

                        Member                                                              Judicial Member