JHARKHAND HIGH COURT ISSUES ORDER ON DIVISIONAL MANAGER V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, June 18 -- Jharkhand High Court issued the following order on May 20:

1 Learned counsel for the petitioner has submitted that the petitioner is ready to deposit the entire amount in question after adjusting the amount already deposited, without prejudice to his case, before the State Consumer Dispute Redressal Commission, Jharkhand, Ranchi and he may be permitted to contest the case on merits.

2. It is submitted that the petitioner has filed F. A. No. 14 of 2024, which is pending before the State Consumer Dispute Redressal Commission, Jharkhand, Ranchi. It is submitted that during the pendency of the appeal the petitioner also filed an application for the stay of execution proceeding being the Execution Case No. 58 of 2023 pending before District Consumer Disputes Redressal Commission, Bokaro in First Appeal No. 14 of 2024 before the Appellate Forum Jharkhand State Consumer Dispute Redressal Commission, but due to non-availability of the Quorum neither the appeal nor the say application has been taken up.

3. Learned counsel for the petitioner prays that the Memo No. 25 dated 16.02.204 (Annexure-4) and Memo No. 93 dated 21.06.2024 (Annexure-5) may be stayed in the meantime by which the order of attachment of property of the office of the petitioner has been passed.

4. On the other hand, learned counsel for the respondent nos. 1 and 3 raised no objection.

5. This Court is surprised to see the negligent approach of the Authorities of the New India Assurance Co. Ltd. as the petitioner has challenged the order for payment of Rs. 63,795/- @ 10 % interest per annum passed by District Consumer Disputes Redressal Commission, Bokaro before this Court. This Court is also surprised to notice that the attachment order was passed on 16.02.2024 itself and the reminder for attachment was sent on 21.06.2024, but the petitioner remained negligent and the petitioner has filed this Writ Petition in Summer Vacation.

6. However, considering the fact that the petitioner is ready to deposit the entire amount in question after adjusting the amount already deposited, without prejudice to his case, before the State Consumer Redressal Commission, Jharkhand, Ranchi within three weeks from today, the operation of the Memo No. 25 dated 16.02.204 (Annexure-4) and Memo No. 93 dated 21.06.2024 (Annexure-5) shall remain stayed till the next date of hearing and also subject to payment of cost of Rs. 5,000/- to be deposited before the JHALSA within three weeks from today.

7. The stay will only be operative after the depositing the amount before the State Consumer Redressal Commission, Jharkhand, Ranchi.

8. Learned counsel for the petitioner is directed to deposit the entire amount by way of Demand Draft before the State Consumer Redressal Commission, Jharkhand, Ranchi after adjusting the amount already deposited within a period of three weeks from today and shall file supplementary affidavit showing the deposit the amount before the State Consumer Redressal Commission, Jharkhand, Ranchi

9. The State Consumer Redressal Commission, Jharkhand, Ranchi shall not disburse the amount till further orders.

Disclaimer: Curated by HT Syndication.