Tribunals and CommissionsSingle Bench(2020) 08 NCDRC CK 0067

M/S. Sukhm Infrastructure Pvt. Ltd. vs Swaran Singh

National Consumer Disputes Redressal Commission · Decided on 4 August 2020

HON’BLE JUDGES
Deepa Sharma, Presiding Member
RESULT
Dismissed
CASE NUMBER
Appeal Execution No. 27, 28, 29 Of 2020

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Judgment

4 paragraphs · 205 words

Heard.

This Appeal has been filed against the order dated 29.01.2020 whereby the MA No.2580 of 2019 of the Appellant/Judgment Debtor, seeking refund of the amount paid in excess to the Decree Holder, was dismissed.  This application has been dismissed by the Foras below after noting down all the facts in the matter.  It is apparent that the matter had gone up to the Hon'ble Supreme Court and while granting the stay, the Hon'ble Supreme Court vide its order dated 15.07.2019 imposed certain conditions regarding payment of the amount by the Judgment Debtor and had also noted in its order the conduct of the Judgment Debtor.  It is apparent that the Judgment Debtor had not complied with the directions of the Hon'ble Supreme Court and pursuant to the order of the Hon'ble Supreme Court, the SLP was treated automatically as dismissed.  It is also apparent that the execution petition of the Decree Holder is still pending and the decree has yet not been satisfied.

In view of all these facts, I found no illegality in the impugned order whereby MA No.2580 of 2019 of the Appellant/Judgment Debtor for refund of the amount was dismissed.

The present Appeal has no merits and the same is dismissed.