West Bengal

StateCommission

CC/294/2020

Dakshina Kali Trading Pvt. Ltd. & Another - Complainant(s)

Versus

Ideal Real Estates Pvt. Ltd. & Another - Opp.Party(s)

Mr. Sumit Biswas

17 May 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Complaint Case No. CC/294/2020
( Date of Filing : 11 Nov 2020 )
 
1. Dakshina Kali Trading Pvt. Ltd. & Another
7, M.M.Feeder Road, Kolkata- 700 057.
2. Surabi Agarwal
W/o, Sri Manish Agarwal. 541/A, Rabindra Sarani, Luxmi Niwas, Flat No.- 1B, Kolkata- 700 003.
...........Complainant(s)
Versus
1. Ideal Real Estates Pvt. Ltd. & Another
50, Jawaharlal Nehru Road, 11th Floor, Kolkata- 700 071.
2. The Managing Director, Ideal Real Estate Pvt. Ltd.
50, Jawaharlal Nehru Road, 11th Floor, Kolkata- 700 071.
3. Aditya Birla Housing Finance Ltd.
24, Camac Street, Kankaria Estates, Kolkata- 700 016.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MRS. SOMA BHATTACHARJEE MEMBER
 
PRESENT:
 Mr. Raunak Bose, Advocate for the Opp. Party 0
 Mr. Raunak Bose, Advocate for the Opp. Party 0
 Mr. Abhishek Nag, Advocate for the Opp. Party 0
Dated : 17 May 2023
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

            Today is fixed for filing evidence on affidavit  by the complainant. The complainant is absent without any steps. The Ld. Advocate for the OP No. 1 and 2 filed Minutes of Receiver’s meeting held on 13.1.2023 at the office of R.Ginodia & Co., 6, Church Lane, Ground Floor . It appears from the minutes " the Receiver had transferred a sum of Rs. 7,66,52,788.42 and Rs.81,87,043.59 to the accounts of the Petitioner and the Respondent No. 1 respectively in compliance of the Order dated September 5, 2022 in pro tanto satisfaction of the claims of the Petitioner and the Respondent No. 1.

         The representatives of the parties present in the meeting acknowledged receipt of the aforesaid payments and confirmed that they had received the amounts towards full and final payment of their respective shares of the sale proceeds against sale of the subject triplex flat, in terms of the order dated September 5, 2022 passed by the Hon’ble High Court at Calcutta.

          The OP filed copy of order in AP/236/2020 passed by the Hon’ble Single Judge of the Hon’ble High Court. It appears from the order of the Hon’ble High Court that it directed the Receiver to distribute the Sale Proceeds in respect of the premises proportionately  between the petitioner and the respondent No. 1 in pro tanto satisfaction of claims of the petitioner and the Respondent No. 1"

      So considering the materials and records the complaint case stands disposed off in terms of the aforesaid  judgement and documents.

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MRS. SOMA BHATTACHARJEE]
MEMBER
 

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