07.06.2023

                                    ORDER

The appellant/JDR preferred this appeal against the order passed by the Urban 3^rd Additional District Commission, Bangalore in Execution Application No.89/2017 which issued NBW against appellant/JDR. 

2.         In the appeal memorandum, the appellant has contended that due to financial stringency, they are not able to make payment to the DHR due to debit freeze of the bank account.  The appellant is ready to make part payment and prayed some time to make payment.  NBW came to be passed against this appellant for payment of balance amount.  It is contended that the District Commission ought to give an opportunity to the appellant by extending time to make payment.  Hence, prays to recall the order of warrant issued against them.

            3.         However, on perusal of the appeal memo, we noticed that the District Commission issued NBW against the appellant/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 installment basis and report.  Hence, in the present case also, we direct this appellant to pay the balance amount to the respondent/DHR in the Execution Application before the District Commission itself.  Accordingly, appeal is dismissed.

                     Sd/-                                                           Sd/-                                       

         (Sunita .C. Bagewadi)                                        (Ravishankar)       

                     Member                                                 Judicial Member