Supreme Court - Daily Orders
Advance Medicare & Res.Inst.Ltd. vs Kunal Saha . on 29 April, 2015
Author: N.V. Ramana
Bench: N.V. Ramana
ITEM NO.24 COURT NO.8 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO. 692/2012
ADVANCE MEDICARE & RES.INST.LTD. APPELLANT(S)
VERSUS
KUNAL SAHA & ORS. RESPONDENT(S)
(OFFICE REPORT FOR DIRECTIONS)
Date : 29/04/2015 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
[IN CHAMBER]
For Appellant(s)
Mr. Abhijat P. Medh, Adv.[N/P]
For Respondent(s)
Mr. Naveen Kumar, Adv.[N/P]
Mr. T. V. George, Adv.[N/P]
The Court made the following
O R D E R
Office Report for directions dated 13th January, 2015 indicates that a sum of Rs.50,000/- (Rupees Fifty thousand) deposited by the appellant in terms of the proviso to Section 23 of the Consumer Protection Act has been put in the Suitor's Fund Account pursuant to the practice directions of the Hon'ble the Chief Justice of India and the amount in the said account does not bear any Signature Not Verified interest.
Digitally signed byVinod Lakhina Date: 2015.05.02 11:38:08 IST Reason: Page No.1 of 2 Proviso to Section 23 of the Consumer Protection Act reads as under:
“Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent of that amount or rupees fifty thousand, whichever is less.” Rule 7 of Order XXIV of the Supreme Court Rules, 2013 reads as under:
“7. If the appeal is allowed by the Court the amount deposited by the appellant would be refunded to him without interest but if it is dismissed, the same will be allowed to be withdrawn by the respondent or may be disbursed as per the direction of the Court in that behalf.” In the present case, today when the matter is called out there is no representation on either side.
The appeal was dismissed on 24th October, 2013. No application for withdrawal of amount of Rs.50,000/- (Rupees Fifty thousand) has been filed till date by any of the parties.
In view of the above, amount of Rs.50,000/- (Rupees Fifty thousand) be deposited with the Supreme Court Employees' Mutual Welfare Fund.
[VINOD LAKHINA] [ASHA SONI]
COURT MASTER COURT MASTER
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