Chandigarh

StateCommission

EA/404/2017

Savita Dhingra - Complainant(s)

Versus

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

Vivek Suri, Adv.

10 Jan 2018

ORDER

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

“Sh. Rajesh Dhingra, Decree Holder No.2 states that the judgment debtors have remitted a sum of Rs.9,02,342/- against the bounced cheques, which is inclusive of Rs.40,000/-, on account of penalty, by way of RTGS, in the joint account of the decree holders. He further states that vide order dated 06.12.2017, for the bounced cheque, further amount of Rs.1 Lac as penalty was imposed and on the last date of hearing, he agreed to receive Rs.60,000/- instead of Rs.1 Lac but that penalty amount has not been paid by the judgment debtors.

                   Sh. Rohit Tanwar, AGM (Legal) of the judgment debtors seeks time to get instructions for making payment aforesaid.

                   On request, the matter is adjourned to 10.01.2018.”

                   Counsel for the decree holders alongwith decree holder No.2, who is present in person, state that penalty amount in the sum of Rs.60,000/- has been received. At this stage, Counsel for the decree holders wishes to withdraw this execution application (filed on 03.11.2017) with liberty to file a-fresh one as now post-dated cheques bearing Nos.158592 & 158593 both dated 03.01.2018, in the sum of Rs.4,40,740/- each, on presentation, have been dishonoured. He further states that possession offered also suffers from number of defects.

                   Liberty granted.

                   Accordingly, the execution application is dismissed as withdrawn.

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