The Visakhapatnam Urban Development Authority, v. Smt. Deenamsetty Sunita,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD Writ Petition No.25367 of 2018 Date: 24.08.2018 Between:

The Visakhapatnam Urban Development Authority, reptd by its Vice-Chairman, ... Petitioner And:

Deenamsetty Sunita, W/o D.Gopi Krishna and another.

...Respondents

Counsel for the Petitioner: Mr. K.V.Simhadri Counsel for respondent Nos.1 and 2: Mrs. Deenamsetty Sunita Party-in-person The Court made the following:

CVNR, J & GSP, J WP.No.25367 of 2018 Dt:24.08.2018 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) Feeling aggrieved by order, dated 18.6.2018, F.A.I.A.No.168 of 2018 in F.A.No.74 of 2018 of the Andhra Pradesh State Consumer Disputes Redressal Commission, Vijayawada, (for short 'the State Commission') to the extent it pertains to direction to deposit the entire amount awarded by order, dated 28.11.2017, in C.C.No.42 of 2017 on the file of the District Consumers Forum-II, Visakhapatnam as a condition for granting stay, the appellant before the State Commission has filed this Writ Petition. We have heard Mr. K.V.Simhadri, learned counsel for the petitioner and Mrs. Deenamsetty Sunitha, respondent No.1 (partyin-person), who represented herself and also respondent No.2 -her husband.

Upon considering the submissions made by both the parties and the facts and circumstances of the case, we are of the opinion that the impugned order directing deposit of the entire amount awarded by the District Forum pending appeal causes prejudice to the petitioner. Instead, we feel that interests of justice would be met if the impugned condition is modified by reducing the amount to be deposited by the petitioner to 50% and by extending time for such deposit by four weeks from today. Ordered accordingly.

CVNR, J & GSP, J WP.No.25367 of 2018 Dt:24.08.2018 The respondents are permitted to withdraw the amount so deposited on furnishing appropriate security to the satisfaction of the State Commission pending F.A.No.74 of 2018. Subject to the above modification, the Writ Petition is partly allowed.

As a sequel to disposal of the Writ Petition, IA.No.1 of 2018 filed by the petitioner for interim relief is disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY _____________________________ JUSTICE GUDISEVA SHYAM PRASAD 24th August, 2018 dr