Chandigarh

StateCommission

EA/415/2017

Veena Gupta - Complainant(s)

Versus

M/s Puma Realtors Pvt. Ltd. - Opp.Party(s)

Neeraj Sobti, Adv.

10 Jan 2018

ORDER

On the last date of hearing, following order was passed by this Commission :-

“Vakalatnama on behalf of the judgment debtors not filed. Sh. Rohit Tanwar, AGM (Legal) of the judgment debtors to file Vakalatnama on the next date of hearing.

                   On 05.12.2017, Sh. Rohit Tanwar, AGM (Legal) of the judgment debtors had handed over four cheques bearing Nos.001509 dated 16.12.2017 in the sum of Rs.23,09,108/-, 001510 dated 16.12.2017 in the sum of Rs.23,54,506/-, 001511 dated 16.12.2017 in the sum of Rs.50,000/- and 001512 dated 16.12.2017 in the sum of Rs.50,000/- to the Counsel for the decree holder with the assurance that, on presentation, the said cheques would be honoured.

                   Counsel for the decree holder states that aforesaid cheques, on presentation, bounced. However, the judgment debtors have remitted an amount of Rs.23,09,108/- plus Rs.50,000/-, totaling Rs.23,59,108/- through RTGS, whereas the payment of Rs.23,54,506/- & Rs.50,000/- against the bounced cheques is still due.

                   Sh. Rohit Tanwar, AGM (Legal) of the judgment debtors seeks time to make payment of Rs.23,54,506/- & Rs.50,000/-, to the decree holder/complainant through RTGS within 10 days from today. Penalty amount of Rs.1 Lac in terms of order dated 05.12.2017 shall also be payable on or before the next date of hearing.

                   On request, the matter is adjourned to 10.01.2018.

                   It is made clear that in case, payment aforesaid is not made on or before the next date of hearing, Sh. Anupam Nagalia and Sh. Amrick Singh, Managing Director(s)/Chairman of M/s Puma Realtors Pvt. Ltd., shall come present in Court on the date fixed.”

 

                Counsel for the decree holder alongwith Sh.Ravinder Gupta, husband of the decree holder state that the amount, which was due against dishonoured cheques has been received. Counsel states that since the execution application was filed in November, 2017, and at that time cheque bearing No.001369 dated 13.12.2017 amounting to Rs.45,34,230/- was not presented.

                In view of above, the grievance raised in the present execution application stands satisfied. Counsel for the decree holder wishes to withdraw this execution application with liberty to file a-fresh one for realization of amount against aforesaid cheque bearing No.001369 dated 13.12.2017.

                Liberty granted.

                Accordingly, the execution application is dismissed as withdrawn.

                Certified copies of this order be sent to the parties, free of charge.