M/s Apex Engineers Represented By Its Properitor Dr. Nirmalkumar Gajjar vs M/s Process Plat Engineering Consultants, Properitorship Represented By Its Properitor Sh. Bala Brahaman Panuganti

Dr. Inder Jit Singh, Presiding Member

Heard learned counsel for the petitioner. Challenge is to order dated 26.09.2024 of the State Commission, by which the petitioner herein has been directed to deposit the 100% of the decretal amount (including the statutory deposit of 50% for filing the appeal) as a condition for the grant of a stay of all further proceedings before the District Commission, including execution proceedings.

After initial arguments for some time contesting the orders of the State Commission on the ground of this being a non-speaking order, the counsel submits that if he is directed to deposit the entire decretal amount as a condition for grant of stay of further proceedings, including execution proceedings before the District Commission, at least directions may be issued not to disburse this amount to the respondent/ complainant herein. This submission of the counsel for the petitioner is accepted.

Accordingly, we partially allow the revision petition with a slight modification to the order dated 26.09.2024 of the State Commission that the amount deposited by the petitioner herein with the fora below will not be disbursed to the respondent herein (complainant before District Commission) and will be kept in an interest bearing fixed deposit with a nationalized bank. Disbursement of this amount will be subject to the outcome of the appeal pending before the State Commission. The revision petition stands disposed of accordingly.

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