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Judgment
This revision petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 27.02.2013 of the State Commission in appeal no. 1002 of 2006 arising out of the Order dated 08.03.2006 of the District Commission in complaint no. 330 of 1999.
Further to the Order dated 30.06.2022 learned counsel for the petitioners informs that in compliance of this Commission’s Order dated 09.01.2014 vide which the operation of the impugned Order of the State Commission was stayed subject to depositing the full awarded amount with the District Commission, the entire awarded amount along with up-to-date interest as of then had been duly deposited with the District Commission.
Learned counsel submits that to put an end to the lis the said amount along with interest if any accrued thereon while in deposit with the District Commission may be unconditionally released to the respondent no. 1 (widow of the deceased subscriber) on behalf of the respondents no. 1 to no. 3 (widow, daughter and son of the deceased subscriber); the point of law raised in the revision, as to whether or not the directors of the petitioner cooperative credit society would be jointly and severally liable along with the society or the society alone would be liable, may be kept open; and this case may not be treated as a precedent.
Learned counsel for the respondents no. 1 to no. 3 agrees that to put an end to the lis the amount deposited with the District Commission along with interest if any accrued thereon may be released to the respondent no. 1; however, in case it is discovered that the entire awarded amount along with up-to-date interest as of then had actually not been deposited with the District Commission, the respondents no. 1 to no. 3 reserve their right to raise this issue and make their contentions before the District Commission in execution.
In the wake of above submissions the revision petition is dismissed as infructuous. The amount if any deposited by the petitioners with the District Commission in compliance of this Commission’s Order dated 09.01.2014 alongwith interest if any accrued thereon shall be forthwith released by the District Commission to the respondent no. 1 (Smt. Pratibha Shrinivas Patki) as per the due procedure. The point(s) of law raised in the petition are kept open. The decision in this case shall not be treated as a precedent. In case it is discovered that the entire awarded amount along with up-to-date interest as of then had actually not been deposited with the District Commission in compliance of this Commission’s Order dated 09.01.2014, the respondents no. 1 to no. 3 shall be at liberty to press execution and raise this issue and make their contentions before the District Commission.
The Registry is requested to send a copy each of this Order to the parties in the petition as well as to their learned counsel immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.