NCDRC

NCDRC

RA/24/2024

M/S MARG PROPERTIES - Complainant(s)

Versus

MR. SHARAN T.S. - Opp.Party(s)

MRS. MALA GOEL ADVOCATE

07 Feb 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVIEW APPLICATION NO. 24 OF 2024
IN
FA/405/2022
1. M/S MARG PROPERTIES
4/318, RAJIV GANDHI ROAD, OMR KOTTIVAKAM,
CHENNAI
TAMIL NADU
...........Appellants(s)
Versus 
1. MR. SHARAN T.S.
53, PHASE-I, CHETTINAND ENCLAVE, OFF. KOLATHUR ROAD, NARAYANAPURAM, PALLIKARANAI,
CHENNAI
TAMIL NADU
...........Respondent(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE DR. SADHNA SHANKER,MEMBER

FOR THE APPELLANT :

Dated : 07 February 2024
ORDER

Review Application no. 24 of 2024 (for review)

 

1.     This application under section 60 of the Consumer Protection Act, seeks review of the order dated 13.12.2023 praying for restoration of stay order in IA no. 14526 of 20213 and for cancellation of the non-bailable warrant issued by the State Commission, Delhi in IA no.16056 of 2023.

2.     Vide impugned order dated 13.12.2023, based on the submissions of the Senior Advocate appearing on behalf of the appellant that a demand draft for Rs.25 lakh dated 18.10.2023 was ready to be handed over to the Decree Holder, subject to return of the original documents pertaining to the flat including mortgage to the Bank of Baroda from whom the loan had been obtained, the Judgment Debtor (Appellant herein) had been directed to deposit the demand draft with the State Commission within 7 days with the directions to the State Commission to keep the non-bailable warrant in abeyance in case the demand draft was deposited. The State Commission was also directed to direct the Decree Holder to hand over the original documents to the Judgment Debtor and to release the demand draft to the Decree Holder once the original documents had been handed over to the appellant/ Judgment Debtor as this is a matter of execution which is pending before the State Commission.

3.     As regards the maintainability of FA no.405 of 2022 in which a delay of 1013 days has been pointed by the Registry, the matter had been adjourned to 18th January 2024, the date already fixed.

4.      We see no reason to interfere with the order which is based upon the submissions of the Counsel for the Judgment Debtor and is intended to ensure compliance of an order of the State Commission. Accordingly, the RA is dismissed.

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
.............................................
DR. SADHNA SHANKER
MEMBER

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