NCDRC

NCDRC

RP/2888/2024

M/S APEX ENGINEERS REPRESENTED BY ITS PROPERITOR DR. NIRMALKUMAR GAJJAR - Complainant(s)

Versus

M/S PROCESS PLAT ENGINEERING CONSULTANTS, PROPERITORSHIP REPRESENTED BY ITS PROPERITOR SH. BALA BRAH - Opp.Party(s)

MS. ANIRUDDHA DESHMUKH & SHAURYA VARDHAN KUTHIALA

26 Nov 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2888 OF 2024
(Against the Order dated 26/09/2024 in Appeal No. A/816/2024 of the State Commission Telangana)
1. M/S APEX ENGINEERS REPRESENTED BY ITS PROPERITOR DR. NIRMALKUMAR GAJJAR
PLOT NO. 1716, PHASE-III GIDC VATWA AHMEDABAD, 382-445 GUJARAT INDIA
AHMADABAD
GUJARAT
...........Petitioner(s)
Versus 
1. M/S PROCESS PLAT ENGINEERING CONSULTANTS, PROPERITORSHIP REPRESENTED BY ITS PROPERITOR SH. BALA BRAHAMAN PANUGANTI,
PLOT NO. 51, GANESH NAGAR, WEST MARREDPALLY, SECUNDRABAD, 500026 TELANGANA
HYDERABAD
TELANGANA
...........Respondent(s)

BEFORE: 
 HON'BLE DR. INDER JIT SINGH,PRESIDING MEMBER

FOR THE PETITIONER :
MR. ANIRUDDHA DESHMUKH, ADVOCATE
MR. SHAURYA KUTHIALA, ADVOCATE

Dated : 26 November 2024
ORDER

1.       Heard learned counsel for the petitioner. Challenge is to order dated 26.09.2024 of the State Commission, by which the petitioner herein has been directed to deposit the 100% of the decretal amount (including the statutory deposit of 50% for filing the appeal) as a condition for the grant of a stay of all further proceedings before the District Commission, including execution proceedings.

2.       After initial arguments for some time contesting the orders of the State Commission on the ground of this being a non-speaking order, the counsel submits that if he is directed to deposit the entire decretal amount as a condition for grant of stay of further proceedings, including execution proceedings before the District Commission, at least directions may be issued not to disburse this amount to the respondent/ complainant herein. This submission of the counsel for the petitioner is accepted.

3.       Accordingly, we partially allow the revision petition with a slight modification to the order dated 26.09.2024 of the State Commission that the amount deposited by the petitioner herein with the fora below will not be disbursed to the respondent herein (complainant before District Commission) and will be kept in an interest bearing fixed deposit with a nationalized bank. Disbursement of this amount will be subject to the outcome of the appeal pending before the State Commission. The revision petition stands disposed of accordingly.

4.       Copy may be given dasti in addition.

 
................................................
DR. INDER JIT SINGH
PRESIDING MEMBER

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