M.THANIKACHALAM J. - (1.) Revision Petition itself taken for hearing.
(2.) The Judgement Debtor/opposite party, having suffered an exparte order, failed to take further action, resulting execution petition, where NBW was ordered to be issued, when it was sought to be enforced, at that time the opposite party, who failed to contest the case, as reported, filed this Revision Petition, as well as CMP.480/2011, for the stay. Considering the facts and circumstances of the case, this commission directed the Judgement Debtor to pay the entire award amount, less mandatory deposit, since already deposited before this commission, as per order dt.24.3.2011, which was complied with.
(3.) It is admitted by both the learned counsels appearing for the parties, in preferring appeal, there was a delay, and the petition to condone delay, in order to take the appeal, is pending, coming for hearing tomorrow. This being the position, allowing the Execution Petition to go for further proceedings, as the entire amount is secured, which is available with the District Forum, or the State Commission, as the case may be, may not be proper, and after the disposal of the appeal, the Decree Holder can workout their remedy, as per law, if he succeeds. In view of the above said position, keeping the Revision Petition, is of no use, since NBW was ordered to be recalled, and recalled also. Hence the Revision Petition is closed.;