NCDRC

NCDRC

RP/4761/2013

MAHINDRA HOLIDAYS & RESORTS INDIA LTD & ORS - Complainant(s)

Versus

NANDA MESHRAM - Opp.Party(s)

MR. SATYAJIT A. DESAI, MS. ANAGHA S. DESAI & MR. AKASH KAKADE

15 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4761 OF 2013
 
(Against the Order dated 26/06/2013 in Appeal No. 892/2013 of the State Commission Madhya Pradesh)
1. MAHINDRA HOLIDAYS & RESORTS INDIA LTD & ORS
THROUGH THEIR AUTHORISED SIGNATORY, SHRI PRASHANT BHALANCHANDRA THAKARE, R/O NEAR S.T STAND, GANESHPETH
NAGPUR
2. SHRI SUNIL GYANCHANDJI RAISONI,
SHRI PRASHANT BHALANCHANDRA THAKARE, R/O NEAR S.T STAND, GANESHPETH
NAGPUR
MAHARASHTRA
3. M/S VIBRANT FISCAL SERVICES LTD.,
SHRI PRASHANT BHALANCHANDRA THAKARE, R/O NEAR S.T STAND, GANESHPETH
NAGPUR
MAHARASHTRA
4. SHRI ADITYA , S/O RAJENDRA SCHETI,
SHRI PRASHANT BHALANCHANDRA THAKARE, R/O NEAR S.T STAND, GANESHPETH
NAGPUR
MAHARASHTRA
5. SHRI ANIL, S/O HARACHAND SACHETI,
SHRI PRASHANT BHALANCHANDRA THAKARE, R/O NEAR S.T STAND, GANESHPETH
NAGPUR
MAHARASHTRA
6. SHRI CHETAN ,S/O PRAKASH BOHRA
SHRI PRASHANT BHALANCHANDRA THAKARE, R/O NEAR S.T STAND, GANESHPETH
NAGPUR
MAHARASHTRA
...........Petitioner(s)
Versus 
1. NANDA MESHRAM
S/O HARILAL PATODIA, R/O ANNAPURAM APARTMENT BEHIND GULMOHAR HALL, PANDE LAYOUT, KHAMLA ROAD,
NAGPUR
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Satyajit Desai, Advocate
For the Respondent :

Dated : 15 Jul 2014
ORDER

          The short grievance of the Petitioner Company, in this Revision Petition, is that the Forums below were not justified in awarding interest on the amount of `1,58,331/-, arrived at in terms of mutual settlement between the parties. 

When the case came up for hearing on 29.1.2014, learned counsel appearing for the petitioners had sought time to place on record some document showing the terms and conditions of the alleged agreement.  Again on 22.4.2014, two weeks’ further time was sought and granted for the said purpose.

          Learned counsel now submits that no such settlement is traceable.  He, however, reiterates that as the sum of `1,58,331/- had been accepted by the respondent in terms of a settlement.

          We are not convinced with the submission.  It belies any logic and business prudence that a Public Limited Company would make payment under settlement agreement without retaining a copy thereof, more so, when in the application seeking condonation of delay of 77 days, over and above the period of 90 days, in filing the Revision Petition, the only explanation is that the delay in filing the Revision Petition took place on account of settlement talks.  There is no iota of evidence on record to show that the Complainant/Respondent had agreed to forego the interest.

          Be that as it may, even otherwise we do not find it to be a fit case for exercise of our revisional jurisdiction, when the Petition has been filed after a delay of 77 days and the total amount involved is even less than `50,000/-.

          Accordingly, the Revision Petition is dismissed.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER

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