Farokh Nariman Subedar & 10 Ors vs Rajiv Agarwal & Anr

Prem Narain, Presiding Member

Appeal Execution has been filed by the appellants against the order dated 01.08.2019 passed in Execution Application No.14 of 2019.

Brief facts of the case are that this Commission vide its order dated 04.01.2019 decided the appeal FA No.1630 of 2016 filed by the complainants Rajiv Agarwal & Anr. against the order dated 10.11.2016 of the State Commission. The matter was put to rest by ordering that present appellants shall pay Rs.40,000/- to the complainants within a period of 30 days. It is the case of the appellants that they sent draft on 28.01.2019 to the complainants, however, complainants refused the same and filed Execution Application before the State Commission wherein the State Commission issued bailable warrants against the opposite parties. They approached this Commission and this Commission vide its order dated 29.08.2019 passed the following order:-

"As the insurance company is ready to deposit the total amount, the following order is being passed:

(i) Insurance company is directed to deposit the amount of Rs.40,000/- with this Commission during the course of the day by way of demand draft and the impugned order dated 01.08.2019 passed by the State Commission issuing bailable warrants against the appellants is hereby stayed.

(ii) Issue notice to the respondents/ original complainants, returnable on 22nd October 2019, the date already fixed in MA no.54 of 2019 in FA no. 1630 of 2016 Rajiv Agarwal and Anr. Vs. Tata AIG General Insurance Co. Ltd. & ors."

Accordingly, the notice was issued to the respondents. The matter was listed for 22.10.2019. It is seen that none was present on behalf of the respondents/complainant. However, they have sent the reply dated 14.10.2019. Registry has reported that the appellants have deposited Rs.40,000/- with Registry. In these circumstances, no purpose will be served, if this Execution Appeal or the Execution Application is kept pending because the main order is only for Rs.40,000/- to be paid to the complainants. Accordingly, the Appeal Execution No.72 of 2019 is accepted and the order dated 01.08.2019 passed by the State Commission in Execution Application No.14 of 2019 is set aside. Registry of this Commission shall release this amount to the respondent No.1 and 2/complainants at a cost of Rs.5000/-, which will be paid to the complainants by the appellants herein. The cost of Rs.5000/- be also deposited by the appellants before the Registry of this Commission within a period of two weeks. After the cost is deposited, the Registry will release the amount of Rs.45,000/- to the complainant No.1 after due verification of the deposited amount and the recipient who will also submit authorisation from respondent/complainant No.2 within a period of 45 days from today. If respondents/complainants do not appear to take this amount, the amounts of Rs.22,500/- by way of drafts each in name of the two complainants/respondents be sent at their address and compliance be reported.

MA 54 of 2019

in FA No.1630 of 2016

This MA/54/2019 was filed by the opposite parties with the request that they may be allowed to deposit Rs.40,000/- with this Commission as the complainants have refused to accept this amount. In the light of the above order passed in Appeal Execution No.72 of 2019, this MA has become infructuous and therefore, dismissed. For compliance of order passed in Appeal Execution No.72 of 2019, list the matter on 04.03.2020.