AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the Appellants.
The main grievance in the Second Appeal filed by the OP is that the learned State Commission failed to consider the amount already paid to the Appellant while determining the amount due to the Registrar by the OP while filing the Appeal and, therefore, did not admit their First Appeal. It is the contention of the learned counsel that the State Commission ought to have considered the remittance already made to the Complainant and deducted the same out of the liability of the OPs/Appellants to deposit 50% of the decretal amount while filing the Appeal. The learned counsel has also stated that subsequent to the order of the learned State Commission in FA/376/2026 dated 12.08.2026, the OP had made further substantial payments to the Complainant which far exceeded the 50% of the decretal amount due to be deposited before the State Commission. He further stated that the OP had in fact paid the entire decretal amount to the Complainant during the course of the execution and that no further amount is duly deposited before the State Commission while filing the Appeal.
Heard learned counsel for the OPs/Appellants in detail and carefully perused the records.
The contention of the Complainant with respect to consideration of amount already paid to the Complainant as stated in Second Appeal No.658 of 2026 is entirely untenable. At the same time, however, with due regard to submissions made at this stage that the OP had already complied with the order of the learned District Forum in CC/31/2022 dated 30.10.2025 during the course of the execution the matter deserves the consideration. The learned counsel for the Appellants /OP undertakes to file the details of payments made to the Complainant subsequent to the order of the learned State Commission in FA/376/2026 dated 12.08.2026, within a period of four weeks. We, therefore, consider it appropriate to remit the case back to the State Commission to consider the amounts refunded by the OP to the Complainant and take a decision with respect to admitting the Appeal.
The OPs are directed to file the details of payments made to the Complainant before the State Commission within a period of four weeks from today and the learned State Commission is requested to examine the details of the payments made to the Complainant and consider the Appeal as per law.
With the above directions, the matter is remitted back to the State Commission with the direction to both the parties to appear before the State Commission on 22.10.2026.
With these directions, the SA/658/20266 stands disposed of.