Heard the learned counsel for the appellant. He moved the interim petition vide Misc.Case No.468/2020 by stating that the order of the learned District Forum has been complied on payment of decretal amount of Rs.1,36,760/- to the complainant on transfer through NEFT on 14.10.2020. He submitted that same order has been complied. Appellant does not want to proceed with the appeal but the statutory amount may be directed to be refunded and to direct the learned District Forum to return Rs.1,00,000/- with accrued interest thereon as it was deposited by virtue of this Commision on 07.06.2018 so as to stay the execution case before the learned District Forum.
2. Heard the learned counsel for the appellant. Perused the petition and other materials on record. The operative portion of order dtd.07.06.2018 passed by this Commission is as follows:-
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“ Considering the submissions and the facts and circumstances of the case, we direct that the further proceeding in Execution Case No.11 of 2018 arising out of C.C. No.167 of 2015 pending before the District Forum, Balasore shall remain stayed till further orders subject to deposit of rs.1.00 lacs by the appellants/petitioners before the executing forum. The amount so deposited shall be kept in a fixed deposit account initially for a period of three months in any nationalized bank with automatic renewal facility and same shall not be released in favour of either of the parties without leave of this Commission.”
3. In view of the aforesaid provisions the OP has already deposited Rs.1,00,000/- before the learned District Forum. It further shows from the documents annexed to the interim petition that through NEFT they have transferred Rs.1,36,760/- to the respondent/complainant. Also they have produced the copy of the attached vouchers also signed by the complainant. The impugned order appears to have been complied by the present appellant, learned counsel for the appellant does not want to proceed with the appeal. Therefore, the appeal is disposed of being withdrawn.
4. As per prayer of the appellant, the deposit of Rs.1,00,000/- with accrued interest be refunded to the appellant by the learned District Forum on proper identification.
The appeal is disposed of accordingly.
Free copy of this order be supplied to the respective parties.
DFR be sent back forthwith.