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2020 (2) TMI 1725

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..... the court below. In the present case the National Commission dismissed the appeal and thus observed that the amount had to be paid as per the order of the State Commission. Interim orders to protect the respondent in the interregnum period during the pendency of appeal certainly cannot affect the decree which arises out of the order of the State Commission though, naturally, the amount released to the appellant as a condition of stay would be adjusted against the amount due. The effect of the order of the National Commission was to reiterate the order of the State Commission which had directed payment of Rs.16,00,000/- by 31st March, 2008, failing, interest @ 9% from 1st November, 1999 would be chargeable. The amount was not deposited with .....

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..... nt-Insurance Corporation by way of an interim order. Taking into consideration the report of the surveyor and in the totality of the facts and circumstances, a lumpsum amount of Rs.16,00,000/- (Rupees sixteen lakhs) was awarded. We may notice that the claim arises from an incident of 1999 and the orders were passed only in the year 2007, after eight years, as aforesaid, with cost of Rs.5,000/- (Rupees five thousand). In this period of eight years, the appellant was deprived of the amount. 4. The respondent-Insurance Company preferred First Appeal No.51 of 2008 before the National Consumer Disputes Redressal Commission, New Delhi (National Commission) and had obtained an interim order during the pendency of the appeal by deposit of part of t .....

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..... s due as per of order/decree of the court below. In the present case the National Commission dismissed the appeal and thus observed that the amount had to be paid as per the order of the State Commission. Interim orders to protect the respondent in the interregnum period during the pendency of appeal certainly cannot affect the decree which arises out of the order of the State Commission though, naturally, the amount released to the appellant as a condition of stay would be adjusted against the amount due. The effect of the order of the National Commission was to reiterate the order of the State Commission which had directed payment of Rs.16,00,000/- by 31st March, 2008, failing, interest @ 9% from 1st November, 1999 would be chargeable. Th .....

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