Maharashtra

Central Mumbai

EA/13/12

Manoj Gulab Borate - Complainant(s)

Versus

Abhay Anand Dudhal, The Managing director sant savtmali sahakari path sanstha ltd - Opp.Party(s)

Uday B. Wavikar

05 Jun 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CENTRAL MUMBAI
Puravatha Bhavan, 2nd Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital
Parel, Mumbai-400 012
 
Execution Application No. EA/13/12
In
Complaint Case No. cc/06/235
 
1. Manoj Gulab Borate
J.p.Dube chawl, Jogeshwari (E) mumbai
mumbai 400060
maharashtra
...........Appellant(s)
Versus
1. Abhay Anand Dudhal, The Managing director sant savtmali sahakari path sanstha ltd
9,Nerurkar Bldg,Gokale road, Dadar(west),Mumbai- 400 028.
mumbai
maharashtra
2. .
.
.
.
3. Mr.Avdhun Anand Dudhal, The Manager Director, Sant Savtamali Sahakari Path Sanstha Ltd.
9, Nerukar Bldg, Gokhale road, Dadar (west)
Mumbai – 400028
Maharastra
4. Mr. Shriniwas Krishna Shenoy,The Manager Director, Sant Savtamali Sahakari Path Sanstha Ltd.
RadhaKrishna Bldg, 3 rd flr, S.K Hole road,
Mumbai – 400028
Maharastra
5. Mr. Shivaji Pandurang Navale, The Manager Director, Sant Savtamali Sahakari Path Sanstha Ltd
376-C Dolan Cloth Stores, Readymade Dandha, Ranade Road,Dadar (west)
Mumbai – 400028
Maharastra
6. Mr. Balashaeb. D. Navale The Manager Director, Sant Savtamali Sahakari Path Sanstha Ltd.
Pantnagar Naidu Colony, Bldg No 157, Ghatkopar (East)
Mumbai – 400075
Maharastra
7. Smt Sumitra Krishna Shenoy , The Manager Director, Sant Savtamali Sahakari Path Sanstha Ltd
Radha Krishna Bldg, 3 rd flr, S.K Hole road Dadar (west)
Mumbai – 400028.
Maharastra
8. Mr. Anand Pandurang Dudhal The Chairman, Sant Savtamali Sahakari Path Sanstha Ltd.
9, Nerukar Bldg, Gokhale road,Dadar west
imbai 400028
Maharastra
9. Mr. Subhash Pandurang Navale The Treasurers, Sant Savtamali Sahakari Path Sanstha Ltd.
376-C Dolan Cloth Stores, Readymade Dandha , Ranade Road,Dadar (west)
Mumbai 400028
Maharastra
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. B.S.WASEKAR PRESIDENT
 HON'ABLE MR. H.K.BHAISE MEMBER
 
For the Appellant:
Mr.Gaurang Nallawala, Adv.
 
For the Respondent:
Mr.Sanjay Panchal, Adv.
 
ORDER

Mr.Gaurang Nallawala, Adv. for the Executant, Mr.Sanjay Panchal, Adv. for the Respondents are present.  Heard the learned advocate for the Executant and the Respondents and perused the papers. The learned advocate for the Respondents requested to waive the interest for the reason stated in their reply.  This Forum while executing the order can not interfere with the judgment.  Therefore, the Respondents have to pay the amount as per the order of this Forum dated 15th February, 2007.  The Executant has requested for recovery certificate under section 25 of the Consumer Protection Act, 1986. The execution application is filed against seven persons by name.  The Executant can proceed with execution against the Opponents named in the original complaint displayed in the judgment.  The execution can not proceeded against the persons whose names are not disclosed in the original complaint/judgment. Therefore, the Executant can execute the order only against the persons whose names appear in the judgment. As there is no payment as per the order of this Forum, the Executant is entitled for the recovery certificate under section 25 of the Consumer Protection Act, 1986. Hence, issue recovery certificate to the Collector Mumbai City, Old Custom House, Mumbai under section 25 of the Consumer Protection Act, 1986. Execution proceeding is closed. 

Dated 5th June, 2014

 
 
[HON'ABLE MR. B.S.WASEKAR]
PRESIDENT
 
[HON'ABLE MR. H.K.BHAISE]
MEMBER

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