Chandigarh

StateCommission

EA/238/2017

Rakesh Malhotra - Complainant(s)

Versus

Parsvnath Developers Ltd & Anr - Opp.Party(s)

Varun Bhardwaj, Adv.

09 Aug 2017

ORDER

ORDER

 

                  

                   

                 Counsel for the decree holder has placed on record calculation sheet, which has been disputed by the Counsel opposite.

                   Counsel for Judgment Debtor No.1 & 2 has also brought in Court three post-dated cheques bearing Nos.200959, 200960 & 200961 in the sum of Rs.5 Lacs, Rs.5 Lacs & Rs.3,53,572/-, encashable on 28.08.2017, 18.09.2017 & 08.10.2017 respectively and one Demand Draft bearing No.019445 dated 08.08.2017 in the sum of Rs.5 Lacs, for handing over the same to the Counsel for the Decree Holder.

                   Be that as it may, we order that let the aforesaid post-dated cheques & demand draft be delivered to the Counsel for the Decree Holder towards satisfaction of part of the claim raised by the Decree Holder. Photocopy of the post-dated cheques & demand draft be retained on file.

                   It is made clear that if on presentation, any cheque is dishonoured, the Decree Holder immediately intimate said fact to Sh. Yudhvir Arora, DGM of Judgment Debtors No.1 & 2 at his email address i.e.

                   It is stated that the issue qua payment of balance amount is pending before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in Appeal Execution No.15 of 2015 titled ‘Parsvnath Developers Limited & Anr. Vs. Jyoti Sood & Ors.

                   In view of above, this Execution Application stands dismissed as withdrawn, with liberty to the Decree Holder, to file it again, if need be, on final order being passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in ‘Parsvnath Developers Limited & Anr. Vs. Jyoti Sood & Ors.’s case (supra).

                   On submitting one photocopy of complete original file, Registry will return all the three files, in original, to the decree holder, excluding the orders passed, within a week from today, against proper receipt.

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

 

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