ORDER

Heard on Video Conference. The link is proper. The conversation is audible. Soft copy of the complaint compilation is placed before us.

Adv. Mrs. Aru is present for the applicant / appellant. Issue notice to the non-applicant / respondent / s as to who delay should not be condoned through Commission returnable on 12.12.2022. Private notice by permitted mode of service is allowed in addition to notice through Commission.

Learned advocate for the applicant / appellant submits that stay may please be granted to the execution of the impugned order. She further submits that applicant / appellant has deposited an amount of Rs. 25,000/- in the District Commission and is ready to deposit 50% of the decretal amount. On depositing entire decretal amount within 10 (ten) weeks, stay is granted to the execution of the impugned order till further order. Amount which has been deposited at the time of filing of appeal shall be adjusted and the remaining amount be deposited.

3.       Learned counsel for the petitioners submits, on instructions, that the petitioners are ready to deposit 50% of the decretal amount in the District Commission as a condition to obtain the stay on the operation of the Order dated 08.05.2018 passed by the District Commission. Submission of the learned counsel is that the petitioners had expressed its readiness to deposit 50% of the decretal amount as a condition to obtain stay on the operation of the Order of the District Commission even before the State Commission, but the State Commission has directed the petitioners to deposit the entire decretal amount as a condition to put in abeyance the Order challenged in appeal. Learned counsel also drawn attention of the Bench to the Order dated 01.07.2022 passed by a coordinate Bench of this Commission in R. P. No. 751 of 2022 which involved a similar issue and vide which the operation of a similar Order which was under challenge therein had been stayed. Learned counsel has also submitted that in the impugned Order, the State Commission has not expressed or shown any such reasoning or cause which may go to justify the stringent condition imposed for granting the stay. Learned counsel has also attempted to draw succour from some decisions given by Hon’ble Apex Court in this context.

4.       Perused the record, in the light of the submissions made by the learned counsel for the petitioners.

5.       In the circumstances of the case, the Bench does not see the need to go into all the fine nuances involved with regard to the legal position which would have bearing in this matter and does not propose to give any finding in that regard. Suffice it to observe that looking into all facts and specific circumstances of the case and also keeping in perspective the Order dated 01.07.2022 passed by a coordinate Bench of this Commission, the impugned Order deserves to be modified to the effect that in place of depositing the entire decretal amount it would suffice that the petitioners be directed to deposit 50% of it in the District Commission. The impugned Oder dated 30.09.2022 passed by the State Commissions stands modified accordingly. The Petitioners are directed to deposit 50% of the decretal amount in the District Commission within a period of 10 (ten) weeks from today. The rest of the impugned Order shall stand as it stood.

It goes without saying that if the modified impugned Order is not complied with within the above stipulated period, the stay granted by the State Commission vide its impugned Order dated 30.09.2022 shall stand vacated automatically.

6.       The instant petition stands so disposed.

7.       The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.

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KARUNA NAND BAJPAYEE

PRESIDING MEMBER