Karnataka

StateCommission

A/230/2022

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

Versus

Sweety Thakur Jha - Opp.Party(s)

KV Subramani

05 Nov 2022

ORDER

05/11/2022

          The appellant preferred this appeal against order passed by I Additional Bangalore Urban District Commission in E.P.No.47/2021 which issued NBW against Jdr. and submits that this Jdr. is regularly paying decretal amount to the Dhrs.  Inspite of that the District Commission issued NBW against this appellant for balance amount.  If the Jdr. is sent behind bars option of payment to the decree holders is going to be suffered.  Hence, prays to recall the order of warrant issued against them and permit them to pay amount in instalments through RTGS to decree holders and to comply the entire decretal amount within six months.

          Considering the submission, the warrant issued against Jdr. was recalled and opportunity was provided to Jdr. to pay all the decree holders in instalments upto six months, but, the Jdr. when case called not appeared and not produced any documents to show that the instalment of decretal amount was disbursed to the Dhr. through RTGS.  Jdr. defaulted in paying the decretal amount as undertaken.  Hence, appeal is hereby dismissed and directed Jdr. to pay entire decretal amount before District Commission to respective decree holders.  Accordingly, appeal is dismissed.

 

Member                                   Judicial Member