NCDRC

NCDRC

FA/975/2015

M/S. KANAKIA CONSTRUCTION PVT. LTD. - Complainant(s)

Versus

RANJANA CHANDRAKANT KHATKUL & ANR. - Opp.Party(s)

MR. ANAND V. PATWARDHAN,MR. BHARAT SWAROOP SHARMA & M/S. KNM & PARTNERS

04 Aug 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 975 OF 2015
(Against the Order dated 29/10/2015 in Complaint No. 200/2014 of the State Commission Maharashtra)
WITH
IA/5425/2021(Placing Record),IA/14589/2019(Placing addl. documents),IA/14590/2019(Excemption of file typed copies of documents)
1. M/S. KANAKIA CONSTRUCTION PVT. LTD.
(NOW KNOWN AS KANAKIA SPACES PVT LTD.), 215, ATRIUM, 10TH FLOOR, NEXT TO COURTYARD BY MARRIOTT HOTEL, ANDHERI-KURLA ROAD,
ANDHERI (E)
MUMBAI-400093
...........Appellant(s)
Versus 
1. RANJANA CHANDRAKANT KHATKUL & ANR.
RESIDING AT 8, DENA BANK STAFF QUARTERS, SHIVNERI HOUSING SOCIETY,
2. MR. CHANDRAKANT BHASKAR KHATKUL,
RESIDING AT 8, DENA BANK STAFF QUARTERS, SHIVNERI HOUSING SOCIETY, L.T. ROAD, BABHAI NAKA, BORIVALI (W),
MUMBAI-400069
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE SUDIP AHLUWALIA,PRESIDING MEMBER
 HON'BLE DR. SADHNA SHANKER,MEMBER

FOR THE APPELLANT :
MR. PRABHAKAR TIWARI, ADVOCATE
MR. KARAN RAJPUROHIT, ADVOCATE
FOR THE RESPONDENT :
MR. HARIHAR BHAVE, ADVOCATE
MR. K.K. NANGIA, ADVOCATE

Dated : 04 August 2023
ORDER

Ld. Counsel for the Appellant on instructions of his client submits that he does not wish to pursue the Present Appeal and appropriate Orders may, therefore, be passed.

Ld. Counsel for the Respondents, however, submits that if the Appellant is permitted to withdraw the Appeal at this stage, the directions contained in Item No.2 of the Ordering portion of the Impugned Order passed by the SCDRC Maharashtra would remain uncomplied, to the prejudice of the Respondents/Complainants.

We have considered the submission of Ld. Counsel for the Respondents, but are at a loss to prevent the Appellant from withdrawing its Appeal. Needless to mention, if the Appeal stands dismissed as withdrawn the directions passed upon the Appellant by the Ld. State Commission would remain unchallenged. The right of the Respondents/Complainants to enforce those directions would not be curtailed in any manner, especially, considering that the Respondents have already sought execution of the Impugned Order, which proceedings were, however, stayed by this Commission earlier on 16.08.2016.

For the aforesaid reasons, the Present Appeal is dismissed as withdrawn. The Stay Order against the pending Execution Application of the Respondents passed on 16.08.2016, or thereafter if extended by this Commission on any subsequent dates stands recalled.

 
......................................J
SUDIP AHLUWALIA
PRESIDING MEMBER
 
 
.............................................
DR. SADHNA SHANKER
MEMBER

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