ORNEST EXPORT INTERNATIONAL COMPANY Vs. ASHOK KUMAR GUPTA

JUDGEMENT

(1.) This order will govern the disposal of RP Nos. 731 of 2010 and 849 of 2010. RP No. 731 of 2010 arises out of the order of Consumer Disputes Redressal Commission, U.P. Lucknow, dated 8.1.2010 while R. P. No.849 of 2010 arises out of the order dated 20.11.2009 of the same State Commission.

(2.) Only few facts need be noticed for deciding these revision petitions. In complaint case No.19 of 2008 filed by the respondent, vide order dated 28.6.2008 the petitioners were directed to pay amount of Rs.5,52,921 along with interest @ 8% p.a. Since the amount due was not paid, petitioner Ornest Sehgal was convicted under Section 27 C. P. Act vide order dated 8.4.2009 by the District Forum. By the order dated 1.12.2009 the Forum issued arrest warrant against which the petitioner approached the State Commission. As may be seen from the aforesaid order dated 8.1.2010, the said petitioner alleged that he had liquidated the entire liability under the award under the receipt-cum-agreement dated 25.6.2009 which fact was denied by the respondent. State Commission after recording cogent reasons concluded that the said writing is a concocted document and, therefore, did not interfere with the said order.

(3.) Provision contained in Order XXI, Rule 2 CPC deals with payment out of court to the decree holder. Same being material is re- produced below: