Karnataka

StateCommission

A/28/2023

M/s Maxworth Realty India Limited, - Complainant(s)

Versus

Sri. Bibhas Mitra - Opp.Party(s)

Subramanya .K.V

02 Feb 2023

ORDER

02/02/2023

O R D E R

BY SRI RAVISHANKAR, JUDICIAL MEMBER

          The appellant preferred this appeal against order passed by III Additional Bangalore Urban District Commission in E.P.No.50/2019 which issued NBW against Jdr.

In the appeal memorandum the appellant has contended that this Jdr. is regular in paying decretal amount to the Dhrs., 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 balance amount.  It is contended that the District Commission ought to given opportunity to the appellant by extending time to make payment.  Hence, prays to recall the order of warrant issued against them.

          Case called twice for admission.  Appellant not present to submit his arguments on admission.  However, Perused the appeal memo.  District Commission issued NBW against 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 instalment basis and report.  Inspite of that appellant has not obeyed the orders.  It seems that appellant is not making any efforts to comply the order.  In the circumstances, NBW cannot be recalled.  No interference is required.  Accordingly, appeal is dismissed.

 

Member                                    Judicial Member