25/02/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to MA 102 of 2016 filed by the Complainant praying for withdrawal of the sum of Rs.5 lakh as per the order passed by the Hon'ble National Commission in FA 328 of 2014 [Aurobindo Seva Kendra & Anr. vs. Partha Sarathy Bhattacharjee].

            It has been submitted by the Learned Counsel for the Complainant that the Complainant may be permitted to withdraw the amount on the undertaking by the Complainant in such form as may be decided by the Registrar for the refund of Rs.5 lakh as and when demanded by this Commission, alternatively, upon furnishing fixed deposit receipts standing in the name of the Complainant to the tune of Rs.5 lakh or more as per order of the Hon'ble National Commission dated 29/10/15.

            The Learned Counsel for the OP of the complaint has opposed the prayer and submitted that the Complainant may be directed to furnish adequate Bank guarantee. 

            It appears from the order of the Hon'ble National Commission dated 29/10/15 that the direction was made to the effect that it will be open to the Complainant to withdraw the said amount of Rs.5 lakh subject to furnishing of adequate security for restitution to the satisfaction of the State Commission. 

            Having heard both sides and on perusal of the papers on record, we direct that the Complainant is permitted to withdraw the deposited amount of Rs.5 lakh  in connection with this case on furnishing the Bank guarantee of Rs.5 lakh from any Nationalised Bank for the period till the disposal of FA 328 of 2014 before Hon'ble National Commission.  Registrar of this Commission will do the needful.  To date, that is, 22/06/16 for report regarding disposal of the Appeal before the Hon'ble National Commission.

            MA 102 of 2016 is disposed of.