Maharashtra

Additional DCF, Thane

EA/21/37

1. MRS. SWATI SACHIN TODANKAR 2. MR. ROHIDAS VITHAL TODANKAR - Complainant(s)

Versus

M/S. REALLIANCE CONSTRUCTIONS THROUGH ITS PROPRITORS A. MRS. KAVITA A. KADAM, B. MR. ANAND U. - Opp.Party(s)

SARALA V. SHINDE

14 Dec 2021

ORDER

THANE ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
Room no. 428 and 429, Konkan Bhavan Annex Building, 4th Floor,
C.B.D. Belapur, Navi Mumbai 400 614
 
Execution Application No. EA/21/37
( Date of Filing : 15 Jul 2021 )
In
Complaint Case No. CC/18/298
 
1. 1. MRS. SWATI SACHIN TODANKAR 2. MR. ROHIDAS VITHAL TODANKAR
BOTH RESIDING AT- 101, A-WING, 1ST FLR, CHANDRABHAGA CHS, A.V. NAGVEKAR MARG, TODANKAR WADI, PRABHADEVI, MUMBAI 400025
...........Appellant(s)
Versus
1. M/S. REALLIANCE CONSTRUCTIONS THROUGH ITS PROPRITORS A. MRS. KAVITA A. KADAM, B. MR. ANAND U. KADAM C. MRS. VAISHALI SAVALKAR
OFFICE AT- 1. S-185, SECOND FLR, HAWARE FANTASIA BUSINESS PARK, PLOT NO. 47, SECTOR 30A, OPP. VASHI RAILWAY STATION, VASHI, NAVI MUMBAI 2. D-259/260, 1ST FLOOR, VASHI PLAZA, OPP. CENER ONE, SECTOR-17, VASHI, NAVI MUMBAI
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. R.P.Nagre PRESIDENT
 HON'BLE MS. Gauri M. Kapse MEMBER
 HON'BLE MRS. Sheetal A.Petkar MEMBER
 
PRESENT:
 
Dated : 14 Dec 2021
Final Order / Judgement

ORDER EXH-1

                                                                                                 Date 14/12/2021                

 

After Perused the Execution application, it is observed that, this Execution application is filed against the deceased Kavita Kadam through its Power of Attorney Holder Anand Kadam.

 

As per basic principle of Law, when who gives the Power of Attorney, died, subsequently rights of powers given by that person to the Power of Attorney Holder stands extinguished and after death of the person who gives him a Power of Attorney has no any rights to  act on behalf of him.

This Execution Application is filed against the deceased Kavita Kadam, Proprietor and her Power of Attorney Holder Anand Kadam, both are deceased in the matter. Hence execution application filed against deceased person which is not permitted under the law. 

    

Hence the Execution application stands dismissed.

 

 

 
 
[HON'BLE MR. R.P.Nagre]
PRESIDENT
 
 
[HON'BLE MS. Gauri M. Kapse]
MEMBER
 
 
[HON'BLE MRS. Sheetal A.Petkar]
MEMBER
 

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