For the Complainant Mr Rakesh Mittal and Mr Ajay Harshana Advocates For the Opposite Party Mr Manu Manchanda and Mr Shobhit Shukla Advocates ORDER MA No.252 of 2024 (Clarification of order) 1. This MA has been filed under Section 151 Code of Civil Procedure 1908 seeking clarification and/ or modification for compliance with order dated 01.01.2024 as rectified by order dated 16.02.2024 in CC no. 2733 of 2018. 2. As per the order dated 01.01.2024 the opposite party/ applicant was directed as under: 19. For the aforesaid reasons, the complaint is liable to succeed. The complainant is therefore, allowed partly and the opposite party is directed to (i) repay the entire amount of Rs.68,51,325/- with 9% interest from the respective dates of deposit within eight weeks of this order failing which the applicable rate of interest will be 12%; and (ii) Pay the complainant litigation cost of Rs.50,000/-. 3. Vide order dated 16.02.2024 the MA was allowed and (a) the typographical error indicating the amount as Rs.68,51,325/- was amended to read as Rs.77,09,548/- and (b) lawn usage was corrected to read as Rs.3,00,000/- in place of Rs.30,00,000/-. 4. In view of the order dated 16.02.2024 rectifying the order dated 01.11.2024 the appellant is entitled to payment as per paragraph 3 above. 5. The appellant has also filed an affidavit dated 18.04.2024 mentioning that as per the Statement of Account for Account no.33374771531 obtained from the State Bank of India (SBI), Sector 16, Faridabad, the closing amount for the loan account in the name of Mr Sunil Kumar Taneja and Mr Yoginder Pal Taneja (Complainants) was Rs.75,38,734.08 as on 04.04.2024 which is also evident from the Bank statement of Account from SBI annexed with the affidavit. It is further stated in the affidavit that the complainants/ appellants do not have any objection if the balance loan of Rs.75,38,734.08 is paid directly to the SBI by the Opposite Party and the balance remaining amount to the complainants/ appellants with interest @ 12% per annum as per judgment dated 01.01.2024. 6. In view of the foregoing, MA no.252 of 2024 is allowed with the following directions: - The opposite party shall pay a sum of Rs.75,38,734.08 to the SBI loan account no. 33374771531 of the complainant with the SBI, Sector 16, Faridabad;
- the balance amount shall be paid to the complainants/ appellants with interest @ 9% per annum within a period of 8 weeks.
7. MA stands disposed of with these directions. |