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2006 DIGILAW 1254 (DEL)

STANDARD CHARTERED BANK v. H. B. IMPEX PVT. LTD

2006-07-31

KAILASH GAMBHIR

body2006
VIJENDER JAIN, ACJ. ( 1 ) IT is contended before us that the amount deposited by the appellant in terms of the impugned order passed by the learned Single Judge could be withdrawn by the respondent subject to furnishing of the security. Respondent says that she has not withdrawn the amount deposited by the appellant from the national Consumer Disputes Redressal Commission and the appellant may withdraw the same. ( 2 ) WE have perused the impugned order passed by the learned Single Judge. The learned Single Judge in view of the order passed on 5th July, 2005 when the appellant wanted to withdraw the writ petition, had directed for withdrawal of rs. 4,55,000/- in favour of the respondent forthwith. That order of the learned single Judge was not challenged by the appellant bank. Therefore, the appellant bank at this stage cannot come and challenge the order passed on 17. 2. 2006. In any event of the matter to safe guard the interest of the appellant as the matter is still pending before lpa No. 371/2006 Page 2 of 3 the National Consumer Disputes Redressal Commission, let the amount along with interest in terms of the order passed by the learned Single Judge be released in favour of the respondent forthwith. However, the said release of the amount in favour of the respondent shall be subject to the final order passed by the national Consumer Disputes Redressal Commission. Appeal stands disposed of.